Legal Status after Filing I-130 and I-1485

C

charles01

Registered Users (C)
Hi, all. The search function keeps leading me to an error page, so I hope this question hasn't been asked before. Apologies if it has.

Anyway, the long and the short of it is that I'm currently a student with an F-1 visa valid through August 2011. My fiancée and I are getting married this week, and we plan to file the I-130 and I-485 concurrently shortly thereafter.

At what point in the process am I granted legal status in the US independent of my F-1 visa? There's obviously the concern that my student visa will expire before any form of legal residency is conferred. Furthermore, I've just discovered that due to some recent changes, I'll no longer need the degree I'm currently pursuing. The Master's I earned in the UK is, apparently, now sufficient for the type of job I intend to take. With that being so, it's obviously not particularly sensible for me to continue studying and, of course, paying hefty tuition fees when I don't even need the qualification.

So do I become a legal resident at the point at which the I-130 and I-485 are received? How long does it typically take for the forms to be received and acknowledged? I just need to figure out if I should enroll for next semester and pay tuition and whatnot, or if I'll be legally entitled to stay in the country without doing so and maintaining my F-1 visa.

Thanks in advance for all your help. I've spent the last three days engaged in dead-end googling, and it was a real relief to find a community of such well-informed folks who aren't looking to take my money in exchange for some much-needed advice!

Charles
 
Up until you are interviewed and granted AOS you will be considered F1 in transition, and if you have to travel while actual adjustment will be approved at the interview you have to get a AP. You will also be able to get a EAD to accept employment, once filed you can quit school as your stay in US at that point will be protected.
 
Thanks for your response, namecheck. I'm still a little overwhelmed by the various steps involved in the process, so I'm hoping you can clear things up for me. Here's how I understand the process based on your post and other information I've scraped together:

1. We'll file the I-130 and I-485 concurrently following the wedding.
2. At some point we'll be interviewed together for AOS.
3. If approved, I'll receive a temporary green card.

I'm sure I'm missing numerous steps there, but none of the literature I've read is particularly clear on the process. If you wouldn't mind answering a couple of questions, it would really help me out.

- At what point in that sequence can I apply for the EAD and travel authorisation? Can I apply for that at the same time as the I-130 and I-485?

- Can I essentially drop my F-1 visa (that is, discontinue my college studies in a way that would violate my F-1 conditions) once my EAD is approved?

- How long does it normally take for the EAD to be issued?

It's amazing how little useful information I've found online for this situation. There was a wealth of useful literature on the F-1, but this is all a little confusing.

Thanks again for your help, namecheck, and anyone else who's good enough to help me out here.
 
You can apply for EAD and travel authorization at the same time as I-130 + I-485. Fees for EAD and travel permit are included in I-485 fees.
It takes 2-4 months to get EAD and travel permit. If you discontinue studies after getting a receipt notice, you should be ok.
 
nkm-oct23 said:
You can apply for EAD and travel authorization at the same time as I-130 + I-485. Fees for EAD and travel permit are included in I-485 fees.
It takes 2-4 months to get EAD and travel permit. If you discontinue studies after getting a receipt notice, you should be ok.
Click to expand...

That's great information. Thanks for your help there. Looking at other people's cases, it doesn't seem as if there's generally too much of a gap between applying and getting the receipt notice. Has anybody heard horror stories of a giant wait, though? I'd naturally prefer to err on the side of caution, but at the same time I'd rather not drop a few thousand on another semester's tuition.
 
How long have you been studying with the F-1 visa? If it's been a very short time, quitting school very soon could cause problems for you in the interview, as it would create the impression that the F-1 was just a pretense to enter the US and get married. Do you plan to complete the current semester, assuming that it's already been paid for?
 
My F-1 visa was issued in early September 2009, and I've had no problems with attendance or grades since then. I'm currently on the Dean's List as well, so I don't think it would be tough proving my legitimate status as a student. My only issue is that the current semester ends in a little over two weeks, and my final date to add a class for next semester is on March 10th. If I'm not registered for class by then they'll pull my I-20, and presumably that will cause issues if I don't have my EAD, or at least the receipt of my application. Whatever the case, I'll be finishing up the current semester in good academic standing and with my tuition fully paid.
 
Well hurry up and prepare the I-130 and I-485 paperwork! You can get it all done in time before March. Start making calls today for the I-693 medical appointments -- you'll need 2 appointments plus another 3-10 days to wait for the results, so don't delay it.

I presume your fiancee is a US citizen? If not, it's a whole different ball game.
 
Thanks for the info, Jackolantern. We've already prepared the I-130, the I-485, the I-864 and the I-765. I just had my medical examination, so I should have my I-693 completed by the middle of next week when the blood tests come back.

We can file all of those concurrently, right? Am I forgetting anything that should be included?

At present my plan is to register for next semester just to be safe. If I do get my EAD before next semester starts I'll be able to get a full tuition refund. If not, there'll be no chance of me accidentally losing legal status in the country.

And yes, my fiancée is a U.S. citizen! I can't imagine how complicated and lengthy the process would be if she weren't. I really feel for those who have to wait ten years or more to become a permanent resident.
 
charles01 said:
Thanks for the info, Jackolantern. We've already prepared the I-130, the I-485, the I-864 and the I-765. I just had my medical examination, so I should have my I-693 completed by the middle of next week when the blood tests come back.

We can file all of those concurrently, right? Am I forgetting anything that should be included?
Click to expand...
Yes you can file all of those concurrently because you're applying based on marriage to a US citizen.

You forgot the G-325A. And if you want to travel outside the US before the green card process is complete, apply for Advance Parole with form I-131.

At present my plan is to register for next semester just to be safe. If I do get my EAD before next semester starts I'll be able to get a full tuition refund.
Click to expand...
The EAD normally takes 2-3 months to get approved. But the I-485 receipt is usually delivered in 1-3 weeks, and that receipt is what you need for evidence of legal status.

In the interview, be prepared to explain why you quit school as soon as you got married and filed the I-485.
 
Jackolantern said:
You forgot the G-325A. And if you want to travel outside the US before the green card process is complete, apply for Advance Parole with form I-131.
Click to expand...

I forgot to mention the G-325A, although my fiancée and I have both already filled out our respective forms and filed them with the rest. There are also G-1145s attached to all the relevant documents.

I'd already partially filled out the I-131, but I ran into a bit of a roadblock when it came to the "Date of Intended Departure" and "Expected Length of Trip" fields. I don't, at present, have concrete plans to leave the country. My fiancée and I do have plans for a pseudo-honeymoon incorporating a visit to my family (who are spread across two different E.U. nations) this summer, but for various reasons we can't yet pin down definite dates. Will it pose a problem if I enter a date and trip length and don't adhere to it exactly?

Jackolantern said:
The EAD normally takes 2-3 months to get approved. But the I-485 receipt is usually delivered in 1-3 weeks, and that receipt is what you need for evidence of legal status.
Click to expand...

That's good news and, assuming there's no hiccup that keeps the I-485 receipt from getting to me before March 7th, it'll save me a semester's tuition. That's a pleasant thought given that I'll be spending somewhere in the neighbourhood of two grand on the filing and medical fees! All worth it, of course.

Jackolantern said:
In the interview, be prepared to explain why you quit school as soon as you got married and filed the I-485.
Click to expand...

Yeah, I imagine they'll bring it up. Since I do have a legitimate reason for suspending my studies, though, I'm sure they won't find too much of a problem with it.

Thanks again for your help, Jackolantern. I really appreciate having someone to answer my questions.
 
charles01 said:
I'd already partially filled out the I-131, but I ran into a bit of a roadblock when it came to the "Date of Intended Departure" and "Expected Length of Trip" fields. I don't, at present, have concrete plans to leave the country. My fiancée and I do have plans for a pseudo-honeymoon incorporating a visit to my family (who are spread across two different E.U. nations) this summer, but for various reasons we can't yet pin down definite dates. Will it pose a problem if I enter a date and trip length and don't adhere to it exactly?
Click to expand...

For your situation they won't hold you responsible if your actual trip is different, or if you don't travel at all before the green card is approved. Note that the I-131 is used for other purposes (Refugee travel document, humanitarian parole, etc.). They don't really care about the when and why of your trips(s) if the I-131 is used to apply for Advance Parole tied to a family- or employment-based I-485, but the trip information may be highly relevant for other uses of the I-131 form.
 
Ah, I see. That makes sense. I entered a date and trip length that will likely be close to those of the actual trip, so hopefully that will do. Thanks again for the info, Jackolantern. My blood tests are expected to come back on Thursday at the latest, so we'll be mailing the paperwork then. Here's hoping the process runs smoothly!
 
charles01 said:
There are also G-1145s attached to all the relevant documents.
Click to expand...

You only need one G-1145 for the entire packet. Don't worry they will send a email and/or text message of each receipt number for all the forms that you filed. (So, if you filed the I-130, I-485, I-131, and I-765 then you will get 4 messages.) Unless they changed the system, the emails don't say for which form the receipt number is. You have to wait to receive the official receipt in the mail.

Also, don't forget about the I-864 Affidavit of Support. That is a required form for the I-485.
 
Good to know. Thanks for the information. I figured it didn't make sense to have a half-dozen G-1145s sprinkled throughout the packet! The I-864 is in there already.

Here's what I'll be including in the packet then:

I-130
I-131
I-485
I-693
I-765
I-864
G-325A (mine)
G-325A (my wife's)
G-1145

There are also a couple of passport photos of each of us, copies of our passport photo pages, a copy of my birth certificate, my wife's tax forms, proof of commingling of finances, and checks for $1070 and $420, respectively. We'll also include the sealed packet when we get that back from the doctor, of course.

Am I forgetting anything? I'd hate to see the process delayed because I forgot to include something crucial.
 
You must log in or register to reply here.
Top