F1 Visa to GC status change Process

dBIR said:
Once you file a i-485 you are allowed to stay no matter your status is until the i-485 is processed and a decison is made.

She can only start working when she gets her EAD(I-765) which will take about 1-3 months after notice date.

If you dont want any problems get married before her F-1 is terminated which will happen if she leaves the school. She can leave the school after filing i-485.

You have 180 days to file i485(and get notice) after f-1 is terminated otherwise she has to leave the country
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Rule of thumb with the INS is 90 days, Yes F-1 student get extra consideration and are allowed 180 days( double check the 180 days as I have heard it from a lawyer but havent checked it in the INS codes) but it's best to be always below the 90 days period b/c it is INS procedure( as per my reading of some deportation cases and I cannot say this happens everywhere depends on the work load of the center) they generate a status report which goes to the INS enforcement official and they decide to write letters and then get a summons and maybe try to find you.
SO my point being it's best to file your paper within 90 days so you (mistakenly) even if you on F-1 do not have to go to the whole process and in some case pay $ 1000 fine for I-485A
 
familybased said:
dBIR,
Did you notice that GCGUY is LPR status?.

To GCGUY:

No, your spouse cannot file I-485 until her F2A priority date is current or you become USC. Your spouse must maintain her legal non-immigration status and pay out-of-state tuition in the most states if she is under F-1 student status during wait time. your spouse may have difficulty to receive any non-immigration visa due to immigration intend if she lives abroad after you file I-130 unless she applies H-1 or L-1 visa.

If your spouse falls out of status and you are still in LPR status, she will not be able to file AOS in the U.S. even after her priority date becomes current and 3/10 ban might apply to her unless she is eligible for 245i. If she has D/S status, there is a leeway to avoid 3/10 ban, but I do not want to go for details. the only option for her would wait you to naturalize and not leave the country. Please carefully plan you and her future and read laws on USCIS website. Sometimes a mistake can cause a deep grieve than you can bear.
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I am sorry I thought he was a USC....

Well in a GC situation the whole game changes.... Its best you don’t file the I 130 and let her come on an F-1 and study if your USC status is coming soon then wait and become a USC and then file.
However, you guys can get married and everything so if two years pass before the interview then you guys wont have to go through the Cond GC thing.

I am again sorry for mistaking you for USC.. I would recommend getting a lawyer if your case is more complicated.
 
F-1 D/S question.

cherr1980 said:
Be aware of traveling. For people who overstay their status can be bar for 3/10 years. Check the warning of Advance Parole. Other thing, check when a person in F1 status really gets out of status.
Good luck,
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I have spoken to my DSO at my college, he told me that he updates the SEVIS starting every semester, so once he put you off the SEVIS you become out of status in 30 days of an F-1 from that college. However( now this is all hearsay and I could not find much INS procedure written ) F-1 students are given 180 days to find another school/job or go home and they can change their status to F-1 , OPT, H1B, AOS. Else they are illegal without any exemption. There is a law (which I could not read in whole but read the summary) that allows F-1 student to adjust their status to F-1 back with the specified period (I assume 180 days)
 
GC Guy said:
Thanks for the update.What are the applications F1 student needs to make after marryhing LPR? I am aware of I130, does I485 has to be file along with I130?
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GCGUY

As you are an GC holder, you need to fill I-130 and send it to INS, once that is approved and a A# has been assigned to you wife.
Then you need to Fill the I-485, I-864 (affidavit of support), G325A(bio) I-693 Medical, I-765 EAD and submit together.
 
Bps01,

Thank you to reply my post.

As a GC holder, his spouse will not give a A number until her priority date becomes current. GC files I-130, USCIS will send an approval notice I-797 indicating beneficiary's priority date. Then, the beneficiary (wife) has to wait under F2A category till the priority date current or her spouse naturalized. After she is eligible to file I-485, she will give a A number. The wait time for F2A current is about 4-5 years. the Department of State releases immigration visa cut-off date in the middle of each month. Bps01, you married a USC, you are not subject to visa cap so that you can file I-130 and I-485 concurrently.

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html






bps01 said:
GCGUY

As you are an GC holder, you need to fill I-130 and send it to INS, once that is approved and a A# has been assigned to you wife.
Then you need to Fill the I-485, I-864 (affidavit of support), G325A(bio) I-693 Medical, I-765 EAD and submit together.
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f-1 to -130 changes of status

Hi friends,
i have qution i just want to know if i am in the right track .
i cam to USA AS f-1 STUDENT in 2002 at that time my father was permenent resident in usa (he had green card) he applied for me as unmarrid son under 21. after 2years and 7 month i got approvel my i-30 the msg in i-30 approvel notice is "your case has been approved ..... you are not eligibale to apply for ajdustment of status at this time. so i took this i-30 to ins california . they said visa is not availble to apply for ajustment of status at this time so they give me a form i-539 (to extend /change of status ) and it comes with one i-765 employment form. after that the fillng of these forms i got letter back from INS THAT PART 2 IN EMPLOYMENT FORM IT SAYS WHAT IS UR ELIGIBLILTY TO APPLY FOR WORK PERMIT ?



MY QUTION ARE
. WHATS MY CURRENT STATUS ? I CAM AS F-1 (VALID FOR 3 YEARS )

2- I HAVE APPLIED I-539 AND I-765 ARE THIS RIGTH FORM FOR ME TILL NUMBER OF VISA AVAILBLE FOR ME ?


3- I HAVE BEEN 3 YEARS IN USA SINCE I CAM . WILL THEY ISSUE ME WORK PERMIT ?

4- MY F1 VISA WILL EXPIR SOON ,AM I IN F-1 VISA OR MY VISA WOULD BE I-30 APROVEL ?


5 - WHAT SHOULD WRITE IN THE EMPLOYMENT -765 PART 2
QUETION 16?

by which category of eligibility ?

-A(15) (V1- V2 V3 NON IMMIGRANT )
-274a.12(a)
-274a.12(c)



I WOULD APPRECIAT TO GET THE ANSWER SOON

MY EMAIL IS KAJKOOL@HOTMAIL.COM
 
??????

cherr1980 said:
I-130 doesn't give you any status. It just the petition for an alien relative.
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thanx for answer . whats best way for me to do ?
if i want to stay in america till visa vailbale what do u recomend me ?
 
oct - 2.-2002 (unmaried child under 21 of permenent resident 203.a 2 (a) in


that time i filled the i-130 i was under 21 . but now i am over 21 do they acount my age current age or old age in ins ?
 
cherr1980 said:
When is your priority date?
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oct - 2.-2002 (unmaried child under 21 of permenent resident 203.a 2 (a) in


that time i filled the i-130 i was under 21 . but now i am over 21 do they acount my age current age or old age in ins ?
 
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