Maintaning student status while waiting for change of status!!

P

pone79

Banned
Hi All

My wife is in US on F-1 visa. We will be filing for her greencard this week, based on marriage to US citizen.

My question is that, does she need to register for classes in August, 2010 and maintain her student status while we are waiting for her I-485 to be approved.

Any help will be appreciated.

Thanks,

POne
 
Last edited by a moderator:
she does not need to. However, it would be wise to maintain her F-1 until she gets her GC.
 
Technically she can stop attending once she has the I-485 receipt. But that could raise issues in the interview, depending on how long she has already been studying overall with the F1, and if she has been in classes at all since the last entry with the F1.

How long has she been studying with the F1?
 
Last edited by a moderator:
LucyMO said:
she does not need to. However, it would be wise to maintain her F-1 until she gets her GC.
Click to expand...

Or more accurately, keep attending classes. No need to maintain the F1, and once she uses EAD* or Advance Parole, her F1 would be dead anyway.

*I'm referring to the I-485 EAD, not the OPT EAD
 
Hi Jackolantern,

Thanks for your reply. She has been on F1 for 3 semesters now. Her first semester was Spring 2009. Fall 2010 will be her fouth semester on F1, but we will be filing for her Green Card before the semester starts.

We are not filing for her EAD to save money as she won't be working even if she does not intend to work. (I hope that is alright). We are not filing advanced parole either.

Thanks,

Pawan
 
pone79 said:
Hi Jackolantern,

Thanks for your reply. She has been on F1 for 3 semesters now. Her first semester was Spring 2009. Fall 2010 will be her fouth semester on F1, but we will be filing for her Green Card before the semester starts.
Click to expand...

Has she been in classes since her last entry to the US?

And to confirm the above poster, the EAD is indeed free (actually the cost is included in the I-485 fee, for those who filed the I-485 after they changed the fee structure in summer 2007). So is Advance Parole.
 
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