Do I have to maintain status after 1-485 filed

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lively

Registered Users (C)
I am on student visa and my wife is going to apply for my 130/485. My wife is going to be citizen soon as her petition has been approved and is waiting for the oath.

My question is, Do I have to maintain my legal student status after we file my 485. I do not want to pay the expensive international student fees. I want to stop going to school as international student as soon as possible.

Please advice.
 
lively said:
I am on student visa and my wife is going to apply for my 130/485. My wife is going to be citizen soon as her petition has been approved and is waiting for the oath.

My question is, Do I have to maintain my legal student status after we file my 485. I do not want to pay the expensive international student fees. I want to stop going to school as international student as soon as possible.

Please advice.
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Yes. Once you submit your I-485 and get your A#, your status automatically becomes "Pending AOS" which is a legal status and would remain so as long as your Gc is pending. At this point, you dont have to worry about your non-immigrant visa anymore as it is no longer valid (exceptions are H1 and L1 which allow dual intent)
 
So can I stop going to school now ?

ari4u said:
Yes. Once you submit your I-485 and get your A#, your status automatically becomes "Pending AOS" which is a legal status and would remain so as long as your Gc is pending. At this point, you dont have to worry about your non-immigrant visa anymore as it is no longer valid (exceptions are H1 and L1 which allow dual intent)
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Is it also not true that F1 has 180 after his/her F1 status terminates to either come back to F1 or go to some other legal status before he is considered illegal.

So based on above two things and considering that my wife is going to be USC in less than two months is it advisable to stop going to school. We are going through a really lean phase monetarily and We are broke paying hefty "International Non-resident tuitions". So far I have paid close to $40K in tuitions.I don't want to pay another penny.
 
my 2 cents

lively said:
Is it also not true that F1 has 180 after his/her F1 status terminates to either come back to F1 or go to some other legal status before he is considered illegal.

So based on above two things and considering that my wife is going to be USC in less than two months is it advisable to stop going to school. We are going through a really lean phase monetarily and We are broke paying hefty "International Non-resident tuitions". So far I have paid close to $40K in tuitions.I don't want to pay another penny.
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If you will not leave this country before you get the green card, your out of status will be forgiven. Just dont apply for AP. Another way is to register in a community college, cost about 1-2 thousand.
 
IMHO, student visa violations are considered quite rigorously by immigration sometimes. Those may come back to bite you, if not during 485 then during your citizenship. I have seen citizenship petitions getting denied because of student visa terms and intent violations. I dont know about the 180 day rule, but regardless would advice you to consider possible ramifications of your actions.
Is your wife scheduled for her oath already ? What if she does not get scheduled on time. It took my wife 6 months after approval of interview, with no security checks pending to even get scheduled and that after we called the Philly DO and local federal court a few times!.
While I can understand your need to conserve money at this stage, I would recommend you to either consider consulting a competent lawyer or shelling out just for these few months more or look for other alternatives (like transferring to the community college as another posted suggested).
Remember that ultimately the burden of proof is upon you to prove that you intended to honor the terms of the student visa and use it to find a way to immigrate. Tough I know, but I'm just trying to tell you about a few other cases like this that I saw.
 
just a suggestion

I know most community college have classes that start 2 months later than the first day of new semester, so if you can file I-485 before the beginning of those classes, you might get 100% tuition refund. the college doesn't give a damn what classes you register, so I enrolled in classes like golf, bowling, etc. I dropped school eventually, and i was told that I would have 14 days to re-register, otherwise they would report to SEVIS. I read that when they report it to SEVIS, the SEVIS officer will look at the case and determine the I-20 to be invalid, and that takes time too.
 
I would take the bullet

You guys put some sense inbetween my ears. I will keep going like this untill
everything is settled. Although I might max out whatever credit cards I am left with.

Hopefully we will be scheduled soon.
 
What additional papers do I need to submit

As some of you guys seem to be in the same boat as me. Can you kindly let me know what papers are required alongwith the 130/485 forms. Like when is the medical done and when is work permit applied etc. etc. Please let me know the procedure.
 
lively said:
As some of you guys seem to be in the same boat as me. Can you kindly let me know what papers are required alongwith the 130/485 forms. Like when is the medical done and when is work permit applied etc. etc. Please let me know the procedure.
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All other applications go along with your I-130+I-485. For e.g Medical (I-693), EAD (I-765), AP (I-131).

If you forget to submit I-693 and I-864, you can expect an RFE.
 
What is a RFE ?

Thank You Ari4u for all your anwers, what is RFE?

Also how soon can I get my medical done and where do I find the certified doctor ?

Can I use my home country passport for birth record as I don't have my original birth certificate with me.

Don't I have to wait for the "Notice of Action" from my i-130 petition for filing the I-485 or can I send them together. If I can send them together do I send to my local california service center or the chicago lockbox. somewhere in 485 they ask for copy of the i-130 petition if visa number is immidiatly available. Whati is the point of copy if we are sending all the forms together.


Can I send one check for all the fees for different forms or do i have to send separate checks.
 
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lively said:
Thank You Ari4u for all your anwers, what is RFE?

Also how soon can I get my medical done and where do I find the certified doctor ?

Can I use my home country passport for birth record as I don't have my original birth certificate with me.

Don't I have to wait for the "Notice of Action" from my i-130 petition for filing the I-485 or can I send them together. If I can send them together do I send to my local california service center or the chicago lockbox. somewhere in 485 they ask for copy of the i-130 petition if visa number is immidiatly available. Whati is the point of copy if we are sending all the forms together.


Can I send one check for all the fees for different forms or do i have to send separate checks.
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go to USCIS.gov. Do some research. Read the instructions on the forms 2-3 times. Search in this forum. You will find answers to all of your Qs which are very basic and much more usefull info..
 
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