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  • F1 married to green card holder

    Hi,

    Please help with a question about F1 visa holder married to green cardholder.

    F2A category is current and can file I-130 and I-485 together but how long the F1 should stay in school and maintain the F1 status.

    Can the F1 stop school after filing I-130 and I-485?

    Thank you!


  • #2
    i think he should stay in F1 until he recieves the Social security or al least EAD and then he can switch the status on school to stay legal. look at the pros when he get his GC he may be able to apply for financial aid lol

    Comment


    • #3
      Once you've filed your AOS (I-485), my understanding is that you may fall out of your F-1 status (i.e., stop maintaining full-time courseload) and still legally remain within the country based on your pending application (regardless of whether you've received your SSN or EAD).

      HOWEVER, should your petition be denied, you will not be able to fall back into your F-1 status if you lose it.
      Canadian on F-1 married to USC (SSM)
      Field office: Manhattan/NYC

      09/21/2019: Delivered to Chicago
      09/25/2019: Fees charged
      09/30/2019: Case received
      10/04/2019: Biometrics appt received
      10/15/2019: Fingerprints taken
      10/16/2019: Fingerprint review complete
      11/14/2019: Ready to be scheduled

      Comment


      • #4
        I have to disagree with Manhattanite.
        if you keep your F1 status ongoing even after filing AOS, and do not use EAD card for work purpose, and keep maintaining full course load. If your application be denied you will fall back to F1 unless IO finds that you violated terms of F1 and he terminates it.

        Comment


        • #5
          Originally posted by daniel046 View Post
          I have to disagree with Manhattanite.
          if you keep your F1 status ongoing even after filing AOS, and do not use EAD card for work purpose, and keep maintaining full course load. If your application be denied you will fall back to F1 unless IO finds that you violated terms of F1 and he terminates it.
          I think you are both saying the same thing. You don't have to maintain status after filing I-485, but by not maintaining status, you have no status if I-485 is denied. Therefore, maintaining status might be a good idea if you want to still have status in case your I-485 is denied. (Though, for family-based cases, there aren't many ways for it to be denied unless you were not eligible to file to begin with.)

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

          Comment


          • #6
            HI

            I filed I-130 on dec 11 and sent AOS package to USCIS on Dec 13.
            i have sent I_131,I-485,I-765,I-864.i received a rejection notice on dec 23.

            I-485 is rejected for mentioning mailing address and I-131 for wrongly specifying eligibility criteria as C9.

            how should I send the fee for I-485?

            can i sent my package again by correcting the mistakes.?

            should i file i_130 again.?

            Comment


            • #7
              I’m confused. Was your I-130 or I-131 rejected? What is your eligibility criteria? It would be nice if we got more info.

              And yes you can refile.
              Canadian on F-1 married to USC (SSM)
              Field office: Manhattan/NYC

              09/21/2019: Delivered to Chicago
              09/25/2019: Fees charged
              09/30/2019: Case received
              10/04/2019: Biometrics appt received
              10/15/2019: Fingerprints taken
              10/16/2019: Fingerprint review complete
              11/14/2019: Ready to be scheduled

              Comment


              • #8
                hi
                to be clear my I-485 ,I-131,I-765 are rejected and not my i_130. i am asking if I-130 is also to be refiled if those are rejected.

                can u also tell me how do i send the fee for i_485 and biometric ?

                thnk you

                Comment

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