Permanent Legal Resident Married to F1 Student - Change of Status

[cvm07]

*** Green Card Approved!! ***

I wanna share our case, because in the process of doing it I have seen SO MUCH misinformation that is scary. If we had listened to many lawyers and people in forums we would have not get this process done right. Always look for information in the official immigration page, sometimes it’s hard to understand, but everything is in there.

• I am a Legal Permanent Resident petitioning for my spouse, F1 International Student
• Category: F2A
• I-130 PD: October 27, 2017
• I-485 and I-765 sent: July, 2018
• Bio-metrics Done: August, 2018
• I-485 Ready to be Scheduled for Interview: August, 2018
• I-130 Transfer Notice: September, 2018 (it was in California Center and was sent to NBC because when you apply for I-485, I-130 will be approved along with I-485 at time of Interview)
• EAD Received: December, 2018
• My spouse notified the school that a change of status was being processed and they changed her from International Student to Regular Student and SEVIS I-20 was terminated *** I will get back to this ***
• I-485 Interview Scheduled: July, 2019
• Interview Date: August 30, 2019
• Approved on Spot. Passport stamped with temporary green card. Told us that green card will be sent in 4 to 6 weeks.

Now going back to my spouses student visa being cancelled AFTER I-485 was already being processed. I can’t tell you HOW MANY PEOPLE told me I was wrong, because I wasn’t a US Citizen and my spouse needed to maintain status until interview was done. I argued A LOT with them and now I can tell you with proof THAT IS INCORRECT.

Even if you are married to a Permanent Resident, as long as you were in legal status at the time that I-485 was sent, then if your visa expires, it’s NOT a problem because you were IN LEGAL STATUS at the time of application. Please DON’T listen to people or lawyers telling you otherwise because it is incorrect.

My spouse took one semester off and graduated two weeks ago. It is important that you continue your studies as the officer asked if studies were completed. Even as a regular student, that shows the officer you came with a student visa because you really wanted to study and graduate. Otherwise it may show your intentions were not sincere.

Also, you don’t need to wait until I-130 is approved to apply for I-485. If your I-130 has been received and you have a receipt notice, and the Visa Table for Filling Applications is current for your priority date, you can go ahead and apply for I-485 and I-765.

The interview went smoothly. It took us 1 hour, but only because the officer was really nice and talked to us a lot. She asked a few questions, not too many. She went through the paper work, took some extra information from us, and then told us that our relationship definitely seemed valid. Told us that green card was approved, stamped the passport and told us we would get green card in the mail in 4 to 6 weeks.
That was it. We took A LOT of things with us, because I’m the kind of person that rather have more than less and if she didn’t request it then that was fine. But everything we took as proof of relationship she kept it all.

I hope this experience is helpful to you! We are very happy and thankful to God for His help and wisdom while going through this process.

[celosia89]

Thanks for sharing, I sent application on Feb 28, still waiting EAD. However, I didn't go to school this semester because I want to go back to my country a month. So I think they already terminated F1 Status, but I think it ok like your story sharing

[Stormlead86]

cvm07 you nailed it man, there's so many people who think you need to be in status for F2A interview. the below is absolutely correct.

Even if you are married to a Permanent Resident, as long as you were in legal status at the time that I-485 was sent, then if your visa expires, it’s NOT a problem because you were IN LEGAL STATUS at the time of application. Please DON’T listen to people or lawyers telling you otherwise because it is incorrect.

Congratulations.

[cvm07]

Thanks for sharing, I sent application on Feb 28, still waiting EAD. However, I didn't go to school this semester because I want to go back to my country a month. So I think they already terminated F1 Status, but I think it ok like your story sharing

You need to have advance parole (I-131) to leave the country while I-485 is pending. Otherwise your case will be terminated as soon as you leave the Country.

[cvm07]

cvm07 you nailed it man, there's so many people who think you need to be in status for F2A interview. the below is absolutely correct.

Even if you are married to a Permanent Resident, as long as you were in legal status at the time that I-485 was sent, then if your visa expires, it’s NOT a problem because you were IN LEGAL STATUS at the time of application. Please DON’T listen to people or lawyers telling you otherwise because it is incorrect.

Congratulations.

Thanks!!