INS Officer says AOS Pending is not a valid status....

[UncleB]

Congrats to you UncleB and your wife!!
Actually, I am in the similar situation. Family based petition (FB1).
My current status is F1 and I already submitted I-485 and other supplement documents about two weeks ago and everything is in progress.
I don't plan to continue as a full-time student next semester, however, I was quite nervous about the situation because there seems to be two opposing concensus regarding this issue. According to your wife's case, tt seems that it would be OK not to continue as a full-timer. Any thoughts on my plan? I'd appreciate anyone's input.
Thanks.

Seems like everyone thinks that you don't have to maintain your F-1 status.....except for the officer that interviewed us.

Based on our experience you will be ok if you don't continue school when your case is pending.

Good luck!

 

[TheRealCanadian]

I was quite nervous about the situation because there seems to be two opposing concensus regarding this issue.

One uninformed USCIS employee does not a consensus make.

Once your I-485 is pending, you do not need to maintain any other non-immigrant status.

 

[chaddibabu2001]

Why would any of this matter once you apply for an adjustment of status? Why does she need to stay on a F1, when an I485 was filed (I hope)? Confused???

 

[UncleB]

Why would any of this matter once you apply for an adjustment of status? Why does she need to stay on a F1, when an I485 was filed (I hope)? Confused???

Did you read this whole thread or just the last post?

Based on my recent experience, you don't need to stay on F-1 when you have a pending I-485.

Also based on my experience, it could happen that the Immigration Officer at your interview doesn't know what he/she is talking about.


Can anyone answer my question about the temp vs. permanent Green Card. If my wife got a card in the mail that expires in 10 years, does that mean the card is permanent and we don't need to do anything in 2 years?

 

[whtmyid]

I believe if you were married for more than 2 years, USCIS will grant you 10 year PR, if not it should be 2 Yrs only.

 

[Triple Citizen]

Yes. However do check the classification on the GC itself. Check under "class of admission".

If my wife got a card in the mail that expires in 10 years, does that mean the card is permanent and we don't need to do anything in 2 years?

 

[thomas_psu]

So what's this that I heard about marriage based green cards being temporary for 2 years?

Only if you applied for your AOS after less than 2 years of marriage. In such cases, they issue a conditional-GC. You have to file for removal of conditions at the end of the 2-year period (90 days prior to it).

 

[Triple Citizen]

Date of approval matters, not application.

Only if you applied for your AOS after less than 2 years of marriage. In such cases, they issue a conditional-GC.