F2A Legal Status Maintenance Question

[buluxu91]

Hello all,

Currently I am in US on F-1 student OPT, I have the OPT until December 2020. Me and my husband got married in Fall 2019, and submitted paperworks for i485, i130 and i765. USCIS received the package and I have received the case number in March 2020. My husband is a legal permanent resident (LPR).

The question I have, do I have to maintain my F-1 status after my OPT expires, or can I stay after the OPT expires.

Thanks.

[newacct]

You do not have to maintain status after your I-485 is filed, and you can stay in the US for as long as your I-485 is pending.

[martad]

I’m in the same situation. Since you’re married to LPR, you should maintain your status. That’s my lawyer’s advice.

[Enub4]

People married to LPR need to have status when filing. After filing the status can expire and should not affect the AOS process.

Sometimes lawyer's opinion is to be in the ultra-safe side of things. In the rare event that the AOS is denied, if you keep F1 status, you will be in a better position to people that don't have F1 status.

But then, if you keep F1 status and you need to travel abroad or work with your AOS EAD/AP you automatically will be out of F1 status. This is my opinion (not a lawyer).

[martad]

People married to LPR need to have status when filing. After filing the status can expire and should not affect the AOS process.

Sometimes lawyer's opinion is to be in the ultra-safe side of things. In the rare event that the AOS is denied, if you keep F1 status, you will be in a better position to people that don't have F1 status.

But then, if you keep F1 status and you need to travel abroad or work with your AOS EAD/AP you automatically will be out of F1 status. This is my opinion (not a lawyer).

Agree! I think they recommend it just to be safe as you said. On the other hand you never know. You’re right with travelling. That is kind of my concern right now. I have my EAD/AP and I’m waiting for the interview (it was canceled due to the covid). I’d like to go back home for 2 weeks, but my lawyer didn’t recommend travelling abroad since I’d lose my status (which I know I will), but still not sure if it worth the risk ...?

[Enub4]

The risk is a personal decision. Our case is EB, I'm still under non-immigrant status but my child and spouse already worked with their EAD. If my case gets denied, they will be out of status.

We don't think there is a reason for denial but there is always a small risk.