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F1 married to Permanent Resident. Please help!

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  • F1 married to Permanent Resident. Please help!

    My timeline:
    05/15/2017 form i130 received
    09/25/2019 interview scheduled by USCIS at Sacramento field office.
    12/01/2019 form i130 Notice of Approval sent out. Ready to file i485.
    12/20/2019 form i485 i766 i131 package received.
    12/27/2019 new case number provided. National benefits center is working on my case. Fingerprints fee was received
    As I see on USCIS processing page, it takes around 5-8 months to receive EAD card. So my Adjustment status begins now or after I receive EAD card? Is there anybody has that process faster?
    I will graduate on June 2020. My I-20 will expired by that month too. I have a chance to apply for OPT before this April. When I apply to OPT, I can stay on F1 status until June 2021. Since I already submitted form i765, should I (or Can I) apply to OPT?
    I have not submitted form I693 yet. Should I schedule Medical Examination now or just wait until USCIS request?
    Thank You!
    F1 married to Green card holder.
    PD: 05/15/2017
    NBC - Sacramento
    I130 interview 10/25/2019
    I130 approved 12/12
    I485, i765, i131 received 12/20/2019
    Biometric 01/24/2020
    Case ready to schedule 02/18
    Interview scheduled 02/20 (Interview date 03/26) (Fresno Office)
    Courtesy Letter 02/22
    Case Approved(EAD) 03/05
    Combo Card received 03/12
    Interview canceled 03/18
    RFE from Fresno 03/28. Asked for form I-693.
    RFE received 03/31
    New card being produced(GC) 04/03
    10 years Green Card received 04/11

  • #2
    AOS starts when they receive your I-485. I see 5-8 months for people married to USC is less frequent to see married to LPR, so I don't know if those times are different.

    I know you can't apply to F1 (non-immigrant visa) when you are in the process of getting a GC, don't know about OPT. My guess (it is only a guess), if you maintain F1 status you could be able to get OPT but not sure, sorry about that. You have time to look into this.

    For I-693 it is time for you to "shop around" to find available dates, prices and time that they take to do the physical. No need to rush it but be prepared. Good luck.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

    Comment


    • #3
      You are already in AoS status but it does not negate your F-1 status as long as you maintain a valid I-20. This is strictly my opinion and I am not a lawyer or anything, but I would not bother with an OPT. You would still have to wait for the EAD to work on OPT and there is a good chance your EAD from the AoS application will be issued sooner than this summer. The medical exam is up to you - whenever you want to do it before the interview (make sure you allow for at least 2-3 weeks though).

      As a side note - make sure you finish your degree. I have heard of several people that were on F-1 and as soon as they got into the AoS process, they got sidetracked by working or whatever and dropped out. Please do yourself a service and finish it, it is worth it!
      RoC (I-751) Application, filed from Houston TX
      10/24/2021 - USPS delivered the package in AZ
      10/27/2021 - Text from USCIS with receipt number, check cashed. Assigned to the Texas Processing Center

      INITIAL AOS from F-1, married to USC, filed in Seattle WA

      09/24/2018 - Package delivered to PO Box (PD)
      10/22 - Early bio walk-in
      11/15 - New card is being produced (I-765)
      11/26 - EAD combo & SS card
      01/13/2020 - Interview
      01/23/2020 - Case Approved, Card Mailed.

      Comment


      • #4
        Thank you for your help! For sure I will finish my degree this summer. I just want to make sure I can stay legally on AOS after my i20 expired. As a time I see National Benefits Center is working on my case, I know I have to wait for a longer time.
        F1 married to Green card holder.
        PD: 05/15/2017
        NBC - Sacramento
        I130 interview 10/25/2019
        I130 approved 12/12
        I485, i765, i131 received 12/20/2019
        Biometric 01/24/2020
        Case ready to schedule 02/18
        Interview scheduled 02/20 (Interview date 03/26) (Fresno Office)
        Courtesy Letter 02/22
        Case Approved(EAD) 03/05
        Combo Card received 03/12
        Interview canceled 03/18
        RFE from Fresno 03/28. Asked for form I-693.
        RFE received 03/31
        New card being produced(GC) 04/03
        10 years Green Card received 04/11

        Comment


        • #5
          Originally posted by tnguyen38 View Post
          Thank you for your help! For sure I will finish my degree this summer. I just want to make sure I can stay legally on AOS after my i20 expired. As a time I see National Benefits Center is working on my case, I know I have to wait for a longer time.
          Relax, You will be ok..... I am in same situation only difference is my I 120 expired over 10 years ago. Filling from Sacramento also.
          Sacramento, CA
          11/22/19 Package sent I 485, [Chicago LockBox). I 130 already filed August 1st( August 8th Priority date)
          11/29/19 Card ran by USCIS for $1225
          12/13/19 Notice for Biomterics appt.
          12/23/19 Biometrics
          1/31/2020 Yellow RFIE in mail(missing Birth certificate)
          2/5/2020 RFIE received at USCIS
          2/14/20 Received I 693 courtesy letter
          2/14/20 ready to be scheduled intervw
          08/31/20 EAD /SSC
          09/03/21 Notice for biometrics appointment I 130 USC
          10/04/21 Case actively being reviewed

          Comment

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