F1 visa to I-485 pending

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panda12

New Member
My wife just received an I-797 from INS indicates that INS has received our I-485. Can she cancel her F1 status from her school and stay home (not going to school anymore) since we have two youngs kids to take care? Is she in a legal status to stay in US (pending of AOS?)

Thanks.
 
panda12 said:
My wife just received an I-797 from INS indicates that INS has received our I-485. Can she cancel her F1 status from her school and stay home (not going to school anymore) since we have two youngs kids to take care? Is she in a legal status to stay in US (pending of AOS?)

Thanks.
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The receipt of I-485 and the generation of an A# puts the applicant in a legal status called "Pending AOS". At this point, non-immigrant visas (except dual intent visas like H/L) would be invalid. To answer your questions, yes. she has legal status. She doesnt have to cancel her F-1 as it is no longer needed.
 
If she needs to do anything that relies on her immigration status then I would do that first (like drivers license)... From experience, "Pending AOS" is a hard status to be in since very few people understand it.
 
Thanks arifu for your quick reply.

We are still waiting for fingerprint appointment and INS interview. We still have a little worry about the fact that my wife is changing from F1 (non-immigrant intended) visa to Green Card. Will the INS officer question about my wife original intention to US during the GC interview?

I got the US citizenship recently and upgraded my wife's green card application. Originally, I used my green card to apply for her.

Thanks.
 
panda12 said:
We still have a little worry about the fact that my wife is changing from F1 (non-immigrant intended) visa to Green Card. Will the INS officer question about my wife original intention to US during the GC interview?
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The officer wouldn't bother. Since your wife is spouse of USC, they're only interested in proofs of your bonafide marriage and financial support. I was also a F-1 and got my GC recently. The officer never asked anything about my F-1 status.
 
I wouldn't cancel F1 just in case if anything goes wrong with AOS. If that happens at least ur wife can try to get back to F if she needs to. I don't know the whole thing about this but it happens to me. I didn't expect that they would deny my I-485 app, so I let my F ran out. But I guess we have to expect what unexpected. When they denied my AOS, they count back since the first day that my F ran out. I thought that they would count from the day of the denial, but I was wrong. That makes me out of status for about 4 months already. And by all mean, I was told that the more day I am acruing for being out of status, the more trouble I can get into.
 
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