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Husband's F-1 Expiring During AOS Process

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  • Husband's F-1 Expiring During AOS Process

    Hello - Had a question. My husband's F-1 Student Visa expires at the end of December. Does he need to continue to go to school to keep his F-1 Visa active while case is pending with USCIS or does it mean he is safe while we are going through the AOS process? Thanks!
    Field Office Location: Salt Lake City, UT
    (c)9 AOS; Same Sex Couple
    09/05/2017 - Priority Date
    09/15/2017 - I-797C's Received [485, 765, 130, 131]
    10/02/2017 - Biometrics Appointment
    12/05/2017 - EAD/AP Approved and Card Being Produced
    12/08/2017 - EAD/AP Card Mailed
    12/12/2017 - EAD/AP Card Received
    03/15/2018 - Case Is Ready To Be Scheduled For An Interview
    09/19/2018 - EAP/AP Renewal Package Submitted
    11/05/2018 - Received Text that Interview Has Been Scheduled

  • #2
    It's not relevant. Visas are only for entry and he is not entering, and in fact, he can't use his F-1 visa to enter anymore at this point even if it is unexpired anyway.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      It's not relevant. Visas are only for entry and he is not entering, and in fact, he can't use his F-1 visa to enter anymore at this point even if it is unexpired anyway.
      Ok... so it sounds like we are safe and he doesn't need to continue with school. We applied for Advanced Parole along with EAD so if we want/need to leave the country we should be able to with the AP, correct?

      Thanks for the response!
      Field Office Location: Salt Lake City, UT
      (c)9 AOS; Same Sex Couple
      09/05/2017 - Priority Date
      09/15/2017 - I-797C's Received [485, 765, 130, 131]
      10/02/2017 - Biometrics Appointment
      12/05/2017 - EAD/AP Approved and Card Being Produced
      12/08/2017 - EAD/AP Card Mailed
      12/12/2017 - EAD/AP Card Received
      03/15/2018 - Case Is Ready To Be Scheduled For An Interview
      09/19/2018 - EAP/AP Renewal Package Submitted
      11/05/2018 - Received Text that Interview Has Been Scheduled

      Comment


      • #4
        Originally posted by aggiedubs View Post
        Hello - Had a question. My husband's F-1 Student Visa expires at the end of December. Does he need to continue to go to school to keep his F-1 Visa active while case is pending with USCIS or does it mean he is safe while we are going through the AOS process? Thanks!
        His I-20 is valid then it's fine.
        PD: 08/30/2017

        11/14/2017, I-765 status was changed to "New card is being produced".
        11/16/2017, I-765 status was changed to "Card was Mailed To Me".
        11/18/2017, Approval notices were received in mail for I-765 and 1-131. they would be valid for one year.
        11/20/2017, Combo card was delivered.
        09/06/2018, EAD renewal was received.
        09/17/2018, Fingerprint Review was completed.
        11/19/2018, Interview was scheduled.

        Comment


        • #5
          Originally posted by Pepsimax View Post
          His I-20 is valid then it's fine.
          He doesn't need to maintain status if he doesn't want to at this point if he has I-485 pending.

          - - - Updated - - -

          Originally posted by aggiedubs View Post
          Ok... so it sounds like we are safe and he doesn't need to continue with school. We applied for Advanced Parole along with EAD so if we want/need to leave the country we should be able to with the AP, correct?

          Thanks for the response!
          yes

          This is my personal opinion and is not to be construed as legal advice.

          Comment

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