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Just someone

Adjusting of status from F1 through marriage, FICA payment

By Just someone in Adjustment of Status from Work, Student, & Tourist Visas

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Just someone Newbie

Just someone   0

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Hey,

 

I was F1 student, and got married on the course of my studies. I am currently adjusting my status and I am working using my EAD.

I am on the process of getting a green card through I485 form.

My question is if I need to pay FICA, medicare or medicaid.

I know that as F1 student or F1-OPT I am exempted for 5 years. Is that the case for people who adjust their status from F1?

Technically I think that I am still considered as F1 since I have not used my advance parole and I did not leave the counter since I started to process.

 

Thank you for your help!

 

 

el_greco Contributor

el_greco   20

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Filed: Citizen (apr) Country: Greece
 Timeline
Posted

If you have been an F-1 for more than 5 years and you are not a student anymore (i.e., you are using your EAD for employment) you need to pay FICA, Medicare/Medicaid taxes exactly as your USC coworkers.

F-1 visa and Post-Completion OPT

2008: Applied for F-1 visa

06/2009: F-1 visa interview@ US Embassy Athens, Greece - granted for 60 months

08/08/2009: Moved to the US for grad school

07/2014: Moved in with same-sex USC partner!

05/2016: Got EAD card in the mail (Post Completion OPT)

05/21/2016: PhD graduation: (renewed) F-1 visa expired (D/S) - EAD expiration date: 06/05/2017

06/06/2016: Started work as F-1 post-completion OPT

11/15/2016: Wedding day!

AOS from F-1 to LPR

Day -05 - 01/23/2017: Mailed AOS Package (I-485, I-693, I-130, I-131, I-864, I-765) to Chicago Lockbox

Day 00 - 01/28/2017: USPS Delivery confirmation

Day 08 - 02/05/2017: Email/Text NOA1, Checks cashed, MyUSCIS case numbers work

Day 28 - 02/25/2017: NOA1 for Biometrics Appointment (for 03/08/2017 in Austin, TX)

Day 39 - 03/08/2017: Biometrics Appointment

Day 90 - 04/24/2017: I-765 & I-131 Approval! (Email/Text for I-765 only)

Day 94 - 04/28/2017: Reception of I-797 NOA in the mail for I-765 & I-131 Approval; EAD/AP in the mail.

Day 99 - 05/03/2017: Received EAD/AP card

Day 255 - 10/06/2017: Reception of I-797 NOA in the mail for I-485 Interview. Scheduled for 11/07/2017 in San Antonio, TX

Day 283 - 11/07/2017: I-485 Interview in San Antonio, TX: Recommended for Approval. Waiting for Notification of Approval and Green Card in the mail.

Day 284 - 11/08/2017: MyUSCIS Case switched to "Approved"

Day 289 - 11/13/2017: Reception of I-797 NOA in the mail for approved I-485 and I-130

Day 290 - 11/14/2017: USPS notified me of package shipment from USCIS in Corbin, KY. Intercepted and redirected to post office for pick up due to imminent address change

Day 293 - 11/17/2017: Picked up I-551 (Green Card: CR6) from Post Office. -- Window for ROC opens August 9 2019; Can file N-400 for Naturalization August 9 2020 (Early filing, 3 years - 90 days)

--------------------------------------------------------------------------------------------------------------------------------------

ROC journey

Day -04 - 08/08/2019: Mailed ROC Package (I-751 & supporting material)

Day 00 - 08/12/2019: USPS Delivery Confirmation & Email/Text NOA, MyUSCIS case number assignment; quoted 15-18 months

Day 109 - 11/29/2019: Biometrics Appointment in Austin, TX Application Support Center

Day 273 - 05/11/2020: I-751 Approval, New card in the mail

Day 278 - 05/16/2020: Received new Green Card (IR6) with expiration data in 2030

----------------------------------------------------------------------------------------------------------------------------------------

The final stretch - path to Naturalization

Day 00 - 08/09/2020: Early filing window opens; Filed N-400 form online at my.uscis.gov

Day 05 - 08/14/2020: Received NOA1 in the mail
Day 85 - 11/02/2020: Biometrics Reuse Notice at my.uscis.gov

Day 95 - 11/12/2020: Received e-mail notification & egov.uscis.gov update that case status was updated to "Testing and Interview"; Interview was scheduled for 12/31/2020 in San Antonio, awaiting notification letter in the mail.

Day 145 - 12/31/2020: N-400 Interview in San Antonio, TX. Recommended for Approval. Waiting for Oath Ceremony notice in the mail.

Day 160 - 01/15/2021: Oath Ceremony Notice was mailed, PDF copy appeared on my.uscis.gov 01/19; Ceremony scheduled for 01/29/2021 in San Antonio, TX

Day 174 - 01/29/2021: Oath Ceremony, received Naturalization Certificate, registered to vote in Texas

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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