I-130 approved, I-20 terminated, I-485 not filed yet

[pixbroker 0]

Hello,

I am a LPR and my wife was (is?) F1. We filed I-130 and got the approval notice but haven't filed I-485 yet (will in the next few days).

While trying to get residence status at her University to pay less fees, she had to sign a form, that cancels her I-20. So we assume that as of a few days ago, her I-20/F1 status is gone. I have a few questions regarding that:

1. with her F1 status gone, what status is she in now, considering we haven't filed I485. i.e. what should we put down for "status" on the I-485?

2. if she is out of status now, will this be a potential problem for the I-485? if so, aren't there any grace periods? Do we need to file I-485A and pay $1000?

3. should we abandon seeking university resident tuition and try to get her I-20 reinstated?

Thanks for any advice.

[CC90 90]

She is no longer in lawful status and cannot apply for AOS. She will have to leave and receive an immigrant visa from a consulate. 245k relief only applies to employment-based adjustments, and unlawful presence/employment is only disregarded for US citizen petitioners otherwise.

Why you voluntarily terminated the I-20 before she received a green card is beyond my comprehension. If you didn't do so, she would be able to adjust.

The I-485A does not apply to you--read the instructions.

Edited September 9, 2013 by CC90

[pixbroker 0]

Thanks for the prompt response. You saved us.

We were able to put a hold on the I-20 status termination by the school and her I-20 is still valid now (they are slow and hadn't done anything yet). We will now file the I-485 package.

At what point in the AOS process is it reasonable to drop the I-20 status, other than having the GC in hand? We ask because in order to still be able to qualify for resident tuition (would save us $8k) we have to drop I-20 before the end of the fall semester (december). Im not sure how far our AOS status would be by then.

Thanks.

[CC90 90]

Good to hear you were able to stop it. In your case, it's really not 100% safe until the card is mailed to you.

There's a fair chance you may have it by then with some of the recent timelines. Thanksgiving might throw it off though.

[pixbroker 0]

Will there be a notice of action / approval notice before the actual mailing of the physical card? (like we got for the I-130)?

We will also file for EAD and AP at the same time with I-485. What are the typical times on those? I can't find any processing times for those on USCIS website.

Thanks

[CC90 90]

The approval notice will be the actual card. If you sign up for email alerts, you'll get the email/text message when it is approved. She's in LPR status at that time.

She's in lawful status while the I-485 is processing, but if for any reason it is denied (even for something simple that you could refile for), you won't be able to refile if she drops the I-20 and isn't in F-1 anymore.

The EAD and AP take 2-3 months; sometimes people even get the green card first. Even when you get these, it still isn't fully safe to drop the I-20. I also wouldn't plan to leave the country until it's done.

Edited September 9, 2013 by CC90

[pixbroker 0]

Thanks, that clarifies things.

Im a LPR and when we filed I-130 in June, we assumed 17mo processing time (CA), but were very, very, very surprised when we got I-797 approval in August! Still can't believe it.

We checked processing times for I-485 AOS for Las Vegas and it says 7mo. I hope that number is also wrong like the i-130 was

[lasko12 9]

It's always safer to keep her I-20 active while processing the I-485

[pixbroker 0]

It's always safer to keep her I-20 active while processing the I-485

would it be safe to drop the F1 status after the interview or do we have to wait for the physical card?

[mngoalie 10]

would it be safe to drop the F1 status after the interview or do we have to wait for the physical card?

At our interview, they took my husbands i-94, saying it was no longer valid since we had been approved. At that point, I'd consider the F-1 no longer in play.

[dropsofvenus 0]

I had the same question. Then I decided to not notify my school until I receive my actual GC, it just seems safer that way. Also I will graduate next summer so I probably won't have to notify my school anyways since the AOS process might take longer than that lol