Filing for AOS through USC Spouse meanwhile Pending AOS (B2 to F1)

[DragonBallZee 5]

(Re-posting) - previously posted in a different Forum. 

 

Hello. I need advice on whether or not to withdraw existing AOS application (B2 to F1) which has been pending since the past 6 months. I would be filing for AOS through my USC spouse next month. Once we have the new I-797C notice, can I simply withdraw the previous F1 AOS case (unless I hear from them)? I was hoping to hear back from USCIS and continue studying meanwhile my spouse awaited her citizenship. Now since she got her's this month, we plan to go ahead and file for a GC. My B2 status had expired 6 months ago, but before it expired I applied for F1 within US hoping to study meanwhile we wait - all I have now is a I-797C asking me to wait for further instructions. 
 
If I keep both untill I get my GC, would it cause confusion in USCIS regarding my new case? Would welcome your feedback. Thank you.

[Starkilla09 366]

Once you apply for AOS and have your I-797C receipt, go ahead then a send a letter to withdraw your non-immigrant change of status application. That will be a neat way to do it.

[DragonBallZee 5]

Hello,

 

After 7 months, the USCIS replied my F1 visa with an RFE. In 2016, I had only applied for a COS from B2 to F-1 through filing just one I-539. In 2017, the rules have been redefined, and this is exactly what the RFE states:

 

Quote: "USCIS may only approve your Form I-539 change of status request if you are maintaining your B-1/B-2 status up to 30 days before your program’s initial start date. 

This means you will need to file a second Form I-539, with a separate fee, to request an extension of your B-1 or B-2 status if:

• Your current status will expire more than 30 days before the initial F-1 or M-1 program start date. In this case, you must file a second Form I-539 requesting to extend your B-1 or B-2 status. If you do not file this extension request on time, USCIS will deny your Form I-539 request to change to F-1 or M-1 status. Please continue to check the USCIS processing timeswhile your Form I-539 change of status request is pending to determine if you need to file a request to extend your B-1/B-2 status.
• Your F-1 or M-1 program start date is deferred to the following academic term or semester because USCIS did not make a decision on your Form I-539 change of status application before your originally intended F-1 or M-1 program start date, and your B-1/B-2 status expires more than 30 days before that program start date. You will need to file a second Form I-539 in order to bridge the gap in time between when your current status expires and the 30 day period before your new F-1 program start date." ** Unquote.

** Website information updated in 2017.

 

Now, the RFE demands me to file an extension of status for B2 for the period that has passed i.e. from December to June, and also another I-539 to request for another extension until my F-1 case is decided. USCIS wants to see the receipts of the I-539's attached with the reply, and requires an explanation as to why should they grant me an F-1 based on non-compliance.

 

To be honest, I didnot had any idea on filing 2 separate I-539's to become a student. Neither did the school, or the USCIS website informed about it back in 2016. And secondly, can a backdated I-539 be filed?

 

Based on the RFE request, what should be my response. I would really appreciate your hep. Thanks.

[DragonBallZee 5]

On 5/26/2017 at 2:41 PM, Starkilla09 said:

Once you apply for AOS and have your I-797C receipt, go ahead then a send a letter to withdraw your non-immigrant change of status application. That will be a neat way to do it.

Did exactly what you suggested. Thank you.