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  • Out of status after filing

    Hi everyone!

    I am an F-1 student. I just out of status after the biometric appointment. So my concern is there are any problems to me or to the application process? I am so worried right now. Hope to hearing from everyone soon.

  • #2
    It depends on what is your petitioner's status, USC or green card holder.
    (c)(9) - AOS, Current filing I130 I131 I485 I765, PD-12/21/18. Same-sex couple.

    12/21/18 - AOS package delivered to Chicago office via FedEx.
    01/03/19 - 4 NOAs received.
    01/05/19 - Bio notification.
    01/14/19 - Bio done.

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    • #3
      Your pending application keeps you in status. Not student status, though. No need to worry. Just don't go to school or get a job or leave the country until you have their permission.
      Marriage to USC, B2 Visitor AOS filed at NBC
      Concurrent i485, i130, i765, i131
      9/27/2018: RD/PD
      10/2/2018: Fingerprint Fee
      10/4/2018: Notice Date all
      10/12/2018: Bio Notice Date
      10/29/2018: Bio Appt
      2/7/2019: i693 Courtesy Letter date
      3/12/2019: i485 Ready to be scheduled for interview
      5/3/2019: second i765 Out of normal processing time SR
      5/15/2019: raised ombudsman SR
      5/20/2019: EAD was mailed day 235

      Comment


      • #4
        Originally posted by NguoiVietNam View Post
        Hi everyone!

        I am an F-1 student. I just out of status after the biometric appointment. So my concern is there are any problems to me or to the application process? I am so worried right now. Hope to hearing from everyone soon.

        I will be in the same situation soon.
        Hopefully you won't have any issue. When I first filed, my application got rejected because of a payment problem, had I terminated my I-20 right after having the biometric appointment, I don't know what I would've done to file again. I guess it's a risk that we take.
        Salt Lake City-UT
        07/24/18- Documents received
        11/16- I-485,765 and 131rejected
        12/22- New I-485, 765 and 131 sent
        12/27- Documents delivered at 10 am (UPS)
        01/14- Credit Card was charged
        01/14- text messages for I-485 and I-131
        01/22- Received form I-765 back. Got rejected due to incorrect fee??
        01/23-Submitted I-765 again.
        01/31- Early Biometrics appointment
        02/01- Fingerprint Review was completed
        07/30- case is ready to be scheduled for ...
        08/31-EAD in hands
        10/22- Interview (approved)

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        • #5
          Originally posted by Dukeith View Post
          It depends on what is your petitioner's status, USC or green card holder.
          I am an F-1 student marriage USC

          Comment


          • #6
            Originally posted by mjg3500 View Post
            Your pending application keeps you in status. Not student status, though. No need to worry. Just don't go to school or get a job or leave the country until you have their permission.
            The USCIS new policy updated on last September make me worry

            Comment


            • #7
              Originally posted by NSTJ18 View Post


              I will be in the same situation soon.
              Hopefully you won't have any issue. When I first filed, my application got rejected because of a payment problem, had I terminated my I-20 right after having the biometric appointment, I don't know what I would've done to file again. I guess it's a risk that we take.
              Are you married to a usc?

              Comment


              • #8
                Well, as far as your I-485 is in Pending state and then your visa expired, thats fine. Because, "Pending Adjustment of Status" itself is a valid and legal status. I have faced this. Though, my case is EB.

                This is not a legal opinion and only my personal thought.
                <Anything I post on this website is a personal opinion or information from personal experience. This should not be treated as a legal advice.>
                PD: 31-May-2017
                Category : EB1C
                Concurrent Filing
                Status: Pending

                Comment


                • #9
                  Going out of status while I-485 is pending doesn't affect the I-485, and this is true for all categories (it doesn't matter if you're married to a USC).

                  Furthermore, since you are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of USC), you didn't even need to be in status before filing I-485.

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

                  Comment

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