legal status during aos (f1 marriage)

[sparkling 0]

I am currently on F1 and am planning to drop out of school. I understand that once I do that, my F1 becomes immediately null, and I must depart the US immediately (the same day I withdraw from school) without a grace period.

We also plan to submit the I-485 and I-130 forms to process an adjustment of status, to obtain my green card. I should have legal status during the pending application process...

What date does my legal status become dependent on forms I-485 & I-130 processing (AOS pending), and not on my F1? Is it the date I receive an email/text regarding my NOA1? Or is it the date I receive the NOA1 physically (hard copy)?

Thank you!

[aleful 1,905]

hi,

there is no such thing, once you are out of status, you are out of status until you have a work permit or EAD or your GC.

just because you are filing a petition, does not give you legal status. if you have overstay, it is forgiven if your wife is a USC.

is your wife a USC?

if you have overstay and your wife is only a LPR, then you may have problems and not be able to adjust status.

Edited July 20, 2013 by aleful

[sparkling 0]

But when you apply for AOS (through forms I-130 and I-485), isn't your status legal while AOS is pending?

(My spouse is a US Citizen...)

Edited July 20, 2013 by bdd

[Harpa Timsah 13,258]

Yes, when your I-485 is pending you are in a period of authorized stay. Not really a legal status, as you have no proof and you cannot get a DL or something, but you are not accruing overstay days during that time.

The date that counts is the date on the NOA1. From that date you are in a NEW period of authorized stay.

[sparkling 0]

Is the date on the NOA1 the same date that you receive the email/text notification? Or is it a different date?