F1 married with cg need ur help (thanks)

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faith4u

Registered Users (C)
:confused:Dear Folks: I enterd in the US in 2002 and got married with gc holder, my i130 petetion was approaved in feb 2005. and i am still on f1 visa waiting for my my wife to be a citizen, she will be eligible to apply for her citizenship in feb 2008 which is comming in 4 months. so i have decided to discontinue my studies , and did not got admission in this smester.(still university did not informed the ins). please let me know if ins knows that i am out of status is that gonna effect on my eligibilty to apply for change of status to gc. or wot else u can best suggest me in thease circumstances.
thanks
faith 4 u
 
As a part of the process to adjust status from non-immigrant to immigrant, you need to prove with evidence that you have maintained your status AT ALL TIME while you were in the United States. It is you who has to prove and submit all the evidence. If you don't have an I-20 that covers the time frame from the moment you stopped going to school to February 2008, it doesn't matter if the school notified USCIS or not. They will notice eventually that you went out of status. They will realize that you have become ineligible to adjust status and I-485 will be denied.

Are you eligible now to adjust status based on the approved I-130? I'm gessing that you are not. But if you are, I would file adjustment real fast and hope that they won't notice.
 
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they dont notice?

Dear folks as in my previus thread i had mentioned that my wife is a green card holder and will be eligible for apply for her citizenship in feb 2008.and my i130 was appraved in feb 2005. so how can i file i485 forms (it will be ahead of time i think). and i have i-20 till 2009. but i am not going to scholl in this smester. because i guess that i will be aligible to apply for change of status as soon as my wife got her citizenship.
regards
 
As I stated in my previous post, you will NOT be eligible to file an adjustment of status application next year if you stop going to school (thus fail to complete your program) and continue staying in the U.S. If you are or were out of status, you cannot adjust status-you need to return to your home country and go through Consular processing to ultimately get a GC.

You said you have an I-20 that states the program you are going school for won't complete until 2009. But schools have SEVIS obligation to report any foreign student's failure to complete the program to USCIS. Therefore I still don't think it's a good idea to stop going to school now before your wife becomes eligible for applying for citizenship.
 
Just my opinion...not legal advice

Even though some replies to your post indicate that you cannot apply for adjustment of status if you are out of status, I think that is wrong. Even the employment based category gives you 180 days grace period to file adjustment of status based on 245 (k).

After your wife becomes a citizen, you are able to apply for your adjustment of status despite being out of status as long as you were inspected at a port of entry. I'm not sure if this holds true for sponsors that are permanent residents. You should definitely consult a lawyer either way.

As far as your I-20 is concerned...it can indicate an end date of 2020...in order to maintain your status, you must be taking a full course load. As soon as your school finds out that you are out of status, they will terminate you in the sevis system. It would probably have been better to complete your studies, obey the laws of the country you are seeking permanent residency for, and avoid any headaches in the first place.

Good luck.
 
The I-20 only grants you status as long you enroll full time. If you don't you have to leave the US within 30 days. I am sure your school has already notified INS because its required to. Failure to do so would lead to your school losing the privileged to issue/request I-20s. They will not take that chance for anyone. So in short you are out of status, and INS is aware of it. There might be ways to petition to get a waiver once your wife is a USC, but you definitively want to talk to a lawyer RIGHT NOW. Also, most likely you will not be able to resume going to school, even if you want to. So again, go and see a lawyer.
 
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