Legal status while waiting for EAD/i-485

[Alex2013 0]

Hi,

I'm a GC holder and my wife is a F-1 student and we were married last year. She just had biometric done last month and we wonder if she has to remain F-1 student status until we get appointment letter for interview or approval letter (w/o interview).

Thank you!

[Harpa Timsah 13,258]

She does not have to remain on F-1 status.

[Alex2013 0]

Thank you so much for your quick reply! But, can you show me a link to USCIS website where it says it's legally okay? Thanks!

[KayDeeCee 4,892]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - OP adjusting from F-1 ~

[Alex2013 0]

Nobody knows?

[Harpa Timsah 13,258]

I already answered you and gave the correct answer. No one else is replying because that is right. But you don't like it, so...

[Alex2013 0]

I already answered you and gave the correct answer. No one else is replying because that is right. But you don't like it, so...

No, Harpa. We are really appreciate and value your reply and anyone who would come forward and give their 2 cents. We are just very anxious about the interview.

We have been repeatedly searched the entire USCIS and Stategov websites, we couldn't find the exact wordings or sentence that addresses the legal status of the applicant who's case is pending for interview. As we're approaching the final stage of the process, we just can't be too careful with assumption or idea that without support. Of course, we really hope you're correct and we're sure that you have the experiences and have helped others countless time in this forum before. We hope we didn't offend you in anyway. Again, thank you!

[smitherton 3]

Yes she'll be fine (she can even in certain states apply for resident tuition while under AOS pending status), but I still maintained my F-1 status as a precaution.

[Alex2013 0]

Yes she'll be fine (she can even in certain states apply for resident tuition while under AOS pending status), but I still maintained my F-1 status as a precaution.

Thank you for your input. That's what we're worrying about, but i think we're going to take the chance. Hopefully someone who has similar experience as us can share their experience.

[visawaver 2]

I guess I'm I too am a little confused too and would like to know also. Harpah stated that you dont have to remain F1 status but just what is the description of the status for someone awaiting the interview? The 797 notices of receipt for the AOS packet clearly state that this notice confers no legal status.

[smitherton 3]

I guess I'm I too am a little confused too and would like to know also. Harpah stated that you dont have to remain F1 status but just what is the description of the status for someone awaiting the interview? The 797 notices of receipt for the AOS packet clearly state that this notice confers no legal status.

AOS pending status

Found through a quick google search: http://www.hooyou.com/i-485/benefit.html

• The alien may stay in the US legally without a valid non-immigrant status while their adjustments of status are pending. We would suggest that one should keep his or non-immigrant status even though their adjustment status application is pending. However, an adjustment of status gives an alien a legal stay in the US.

Edited December 8, 2013 by smitherton

[Alex2013 0]

I guess I'm I too am a little confused too and would like to know also. Harpah stated that you dont have to remain F1 status but just what is the description of the status for someone awaiting the interview? The 797 notices of receipt for the AOS packet clearly state that this notice confers no legal status.

Exactly.

AOS pending status

Found through a quick google search: http://www.hooyou.com/i-485/benefit.html

"The alien may stay in the US legally without a valid non-immigrant status while their adjustments of status are pending. We would suggest that one should keep his or non-immigrant status even though their adjustment status application is pending. However, an adjustment of status gives an alien a legal stay in the US."

The alien may stay in the US legally without a valid non-immigrant status while their adjustments of status are pending. We would suggest that one should keep his or non-immigrant status even though their adjustment status application is pending. However, an adjustment of status gives an alien a legal stay in the US. - See more at: http://www.hooyou.com/i-485/benefit.html#sthash.KcjdcX23.dpuf

The alien may stay in the US legally without a valid non-immigrant status while their adjustments of status are pending. We would suggest that one should keep his or non-immigrant status even though their adjustment status application is pending. However, an adjustment of status gives an alien a legal stay in the US. - See more at: http://www.hooyou.com/i-485/benefit.html#sthash.KcjdcX23.dpuf

The alien may stay in the US legally without a valid non-immigrant status while their adjustments of status are pending. We would suggest that one should keep his or non-immigrant status even though their adjustment status application is pending. However, an adjustment of status gives an alien a legal stay in the US. - See more at: http://www.hooyou.com/i-485/benefit.html#sthash.KcjdcX23.dpuf

So, basically the lawyer is unsure of himself too. He tells you it's legal to stay in the US without valid status, BUT he suggests you keep your or non-immigrant status just in case. That's what puzzles me.

[ItsOnlyMe206 0]

Hi all,

I am a long-time lurker, first time poster. Hopefully I have something to add here.

I am the USC spouse. My husband was (is?) here on F-1 and is now applying to adjust status based on our marriage. Our attorney advised that there was really no reason whatsoever why he should remain in school in a program he hated. I asked the question every way I could think to ask. Bottom line, his advice was that whether or not he maintains his student status during the adjustment process was completely and totally irrelevant to how USCIS looks at the case and his current legal status here.

This was based on our own circumstances, though, and I'm hesitant to say whether the same attorney would give you the same advice based on your own facts. I strongly recommend that you meet with someone to ask your question and to feel good about your decision on way or the other. Many immigration attorneys will give a free consult, and you may decide to hire her/him in the future.

Best of luck to you during this stressful and process!

[visawaver 2]

Which USCIS document has the legal status of someone waiting for an interview after sending in the AOS packet?Do they send anything stating you have the right to stay pending the final decision?

[dropsofvenus 0]

Think about it this way. People who're out of any legal status are forgiven once they receive their NOA1s. I think you're fine. But I personally kept my f1 status in case something came up (with USCIS you never know lol). I wanna notify my school after I get my green card