Do I need to maintain my status while my I485 is pending (F2A)

[WaffleTheCat]

Hello everyone!!!!

I understand this might be a common question for some people when they are applying for AOS. I'm under F1 and I have graduated back in December. My husband and I have filled our forms; I485, I130, I131, I864, I693; in Jan 2020. We just completed the biometrics appointment this week.

My F1 status is about to be terminated after 60 days from the program's completion date. While my (F2A) I-485 is pending, do I need to maintain my student status? My school told me to leave the US and apply for the F1 visa for another program outside of the US; so that I could have my student visa????????

[Enub4]

Your husband is a GC holder, right?

From what I read you need to be in legal status to be able to apply to AOS. Once you have applied you don't need to keep your F1 status.

You definitely don't want to leave the US without AP and now that you are in AOS you can't file for a new F1 visa abroad.

Note: I'm no expert.

[WaffleTheCat]

My husband is a US citizen.

My school is giving unprofessional responses for some reason. I am aware that I should not be leaving the U.S when I am applying for AOS inside the U.S.

My main concern is if my F1 visa expired, how it will affect my pending AOS?

[Jac2017]

I am in the same dilemma as you. I am finishing my program next month and I have a pending i485. Our lawyer said I don't need to maintain f1 status since I have a pending i485 (note my husband is a greencard holder). My status has been stuck on ready to schedule interview since january 11. So what I did was contact uscis to expedite my application and today my status changed to interview scheduled.

[Enub4]

Then why you said you are F2A?

(F2A) Spouses and Children of Permanent Residents

You are in the immediate relative category. Do you have a lawyer? Don't worry, because your husband is US citizen things like overstaying and not authorized work are forgiven. Don't travel outside the USA without AP and wait for USCIS for any RFE.

School response is that way because they don't want to be part of any "not real" change of status. They try for everyone to return to their home country after concluding the course, then they will not have responsibility for your case. Don't worry, this is normal for many schools.

[WaffleTheCat]

Thank you for the information and my bad. I messed up with the terms

[Enub4]

WaffleTheCat don't worry about you messing the terms, my information was more to help you make sure that you filed correctly. Some mistakes can result in denial but you don't have to worry because you are married to USC (you can file again without leaving the country).

If you want to make sure that your school closes your F1 status correctly, you can tell them to see the information on this page:
https://studyinthestates.dhs.gov/sev...mplete-program
The most relevant information is the first paragraph and table. You can even give them a copy of your I-485 receipt.

Here is the information for someone who completed the school program:

General Information
When F-1 or M-1 students finish their programs of study and/or post-completion practical training (employment), they have a grace period during which they can do the following:
F-1 Student 60-day Grace Period

• Apply and be accepted to a new academic program to start within five months
• Apply to United States Citizenship and Immigration Services (USCIS) for a change of class of admission
• Travel within the United States and make preparations to depart by the end of the grace period

Of course, you can apply to USCIS before you complete your F1 program.