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Berhen

Pending AOS for F-1 visa holder

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Filed: Timeline

I tried to find information about this but did not get a clear answer. Here is the situation.

My wife is currently on F-1 visa.

I am a citizen and filed for her AOS application back in May 2010 (F-1 was current)

She received EAD and AP in the last 2 weeks

Her interview is scheduled for first week in September.

My question is, does she need to maintain her F-1 visa this fall semester? If she decides to NOT continue her study (since we now have a new baby), will that be a ground for AOS denial at the interview?

Timely response is appreciated as she needs to register soon if necessary.

Thank you.

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Filed: AOS (pnd) Country: Russia
Timeline

I tried to find information about this but did not get a clear answer. Here is the situation.

My wife is currently on F-1 visa.

I am a citizen and filed for her AOS application back in May 2010 (F-1 was current)

She received EAD and AP in the last 2 weeks

Her interview is scheduled for first week in September.

My question is, does she need to maintain her F-1 visa this fall semester? If she decides to NOT continue her study (since we now have a new baby), will that be a ground for AOS denial at the interview?

Timely response is appreciated as she needs to register soon if necessary.

Thank you.

You are going through AOS so technically, she is not an illegal now and for the spouses of USC,overstay is usually not an issue, if they could prove their marriage is bonafide.I don't think she'd have to maintain her F1 status.

If she wants, she could go back and continue her studies paying less fee as a US resident .Think about people who came here on tourist visas and other expired visas, got married to USC and still their AOS was approved because they were able to prove bonafides of their marriage.Good luck !!


AOS Time line

06.28.10 | Mailed AOS Package (I-130, I-485, I-765)

06.29.10 | Package Received at Chicago Lockbox

06.30.10 | Received Email & Text NOAs

07.07.10 | Money Orders cashed

07.08.10 | NOA-1 Hard Copies received in the mail

07.13.10 | Biometrics letter received; scheduled for 07/22

07.14.10 | Successful Biometrics walk-in

07.15.10 | Touched: I-130,I-485 & I-765 (cases online)

07.16.10 | Touched: I-130,I-485 & I-765

07.19.10 | Touched: I-130,I-485 & I-765

07.22.10 | Touched: I-130,I-485 & I-765 and RFE in Email and on Case status

07.23.10 | Touched: I-130,I-485 & I-765

07.27.10 | Got RFE letter(documentation of current income required)

08.04.10 | RFE Sent

08.06.10 | USPS Delivery confirmation at 4.20 PM

08.10.10 | Touched: I-485

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I got my green card via F1. I had already graduated and my 60 days grade period had already expired before my interview. It never became an issue. The school will tell her that it is a good idea to maintain F1 till this process is done, but I highly doubt in your case especially with a baby, you will get denied.


AOS Timeline from F1

Sent AOS on April 17

Received and signed on April 19

Got 3 NOAs April 26

Biometrics Appointment Letter received May 1 - dated May 26

Walk-in biometrics rejected May 12

Biometrics Appointment May 26

Interview letter received June 11 - for July 19 APPROVED

EAD Received July 9

GC RECEIVED August 2

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Technically once you submitted AOS automatically you are NOT illegal anymore, so she doesn't have to maintain F1 just to be legal. As to your 2nd question, it's really hard to say and different people have different opinions just as your Interview Officers. If I were in your situation I would still register for class (but really don't have to go, or somehow talk to the registration office as to this unusual situation, maybe they can register her then change her status from foreigner to US Residence...) just to maintain that she came here for school, it just sounds very reasonable. Otherwise you might run into trouble especially as you guys are newly weds...

But it's all up to you and how confident you are to persuade the Immigration Officer that it's a bonafide marriage.

Good luck :D

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