Am I still on F1? (marrage based greencard)

S

Suika

New Member
Hello, everyone.

I’ve been married to a U.S. citizen for two months, and I submitted I-130, I-485, G-325A, I-693, I-864, I-765 and I-131 to local INS office (San Antonio, TX) by mail on January 15th, 2003. I was on F-1 visa, in this case, do I still have to go school? I haven’t gotten any receipt or documents in mail yet (but they cashed the checks 3 weeks ago.), so I’m wondering if I’m still on F-1 status or not. The last time I talk to the lady at an International Student Office, she didn’t even know about OPT, so I’m afraid that I might get the wrong info from her.

I would very appreciate if anyone can give me any advice.
Thank you, Suika
:confused:
 
As long as you are an applicant for adjustment of status (AOS), you are allowed to remain in this country legally.

In your case I would guess that you are technically not an AOS applicant till the INS acknowledges that you are and that would be with a receipt notice. So you should maintain your F1 and I-20 (by enrolling fulltime i.e. 12 credit hrs.) atleast till you get your recepit notice for I-485. If a mainstream college is too expensive, look into small community colleges. They are relatively inexpensive.
 
Thank you!

Thank you so much for your response, diavon! What you said was very clear to me, I was having hard time to understand my situation until now. Thanks again.
I am pretty sure that I will maintain my F1 and I-20 until I get the receipt notice for I-485 by taking 12 credits.
 
follw-ups

I just want to let you know about my follow-ups.
I’ve just gotten the letter from local INS office (San Antonio, TX).

The letter says
1) I’m on I-485 pending (finally I know my file number!)
2) I am scheduled for EAD interview
3) The current processing time is 12 months.
4) Also includes my AP, and receipt (it’s dated 1-17-03’)

Timeline (San Antonio, TX)
1-15-03’ Mailed to the office by certified with the return receipt
1-17-03’ Got the return receipt back with INS signature (it’s dated 1-16-03’)
1-23-03’ INS cashed checks
2-25-03’ Got the letter from INS (include the receipt, AP)
3-0x-03’ EAD appointment

I hope it helps.

P.S. I did register 4 classes for coming-up semester just in case I wouldn’t have anything.
 
Congratulations!

See if you can get a refund or a partial refund for your courses (assuming you were attending just to maintain status). Now you are legally allowed to stay in the country. Once you get your EAD, you are allowed to work.
 
Thank you:)

Thank you, diavon!

I’m so thankful that I’m “legally” allowed to stay here, because I didn’t feel secure about my status at all. Also it’s good to know that my applications have been filed and processing.

Suika,
Fortunately, I will get a 100% refund! :)
 
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