keeping F-1 status

jcl013

Registered Users (C)
My wife (USC) and I got married november last year; we filed I-130, I-485, I-765 and AP on december 2006; after we filed for AOS, do i need to keep my F-1 status while waiting for the I-765 (EAD) incase the green do not get here in time? or can i just not go to school and wait for my EAD
 
Your F-1 status is invalidated by filing for AOS, but I believe that you can go to school while AOS is pending.
 
My wife (USC) and I got married november last year; we filed I-130, I-485, I-765 and AP on december 2006; after we filed for AOS, do i need to keep my F-1 status while waiting for the I-765 (EAD) incase the green do not get here in time? or can i just not go to school and wait for my EAD
You don't have to maintain your status, but it is a good idea to do so. I did, and our IO was very happy about it at the interview. However, no one's gonna prosecute you for not going to school while your AOS is pending :)
 
thx for the answer

you mention that once i file for AOS; it will invalidate my F-1 status does that mean i will legal in US even if i dont stay as full time student in school?
 
yes, you will be legal - in pending AOS status.

My immigration officer was also happy with me for keeping a legal F-1 status until I filed for AOS. Once I filed for AOS, I abandoned my F-1 status.
 
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