Need to maintain F1 status after filing I-485 ?

A

always_living

Registered Users (C)
I am US citzen, and my wife is full time student with F1 status. I filed immigration petition for her last Dec. (I130,I485, I131, and I765) and have got the receipts.

She is thinking about going back her country this Spring for 2 months. (i.e. don't register for Spring semester), but will continue the education after coming back to US.

Does she need to maintain F1 status after filing I-485 ? Or, what "status" does she has now ? Will she run into any problems during interview if unattending school after filing immigration petition ?


Thanks
 
Yes she still needs to maintain her f1 status. With her F1 visa, she has multiple reentry permit so it would be easier for her to go out and come back to USA. If she doesn not want to use the f1 status, she would need to have her I131 approved before she leaves the country so that she can come back without any problem. also if i remember properly from when i was in school, you take a semester off if you have attended school as a full time student for the past two semesters and still be in F1 status.I would advice you to contact your foreign student advisor in school to check on that
 
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I am not sure about this

As you already filed your petition, it sounds like your wife has to apply for AP and use the AP to reenter the country. TO my understanding, once you file the petition, you are in the status of pending application, not a F1 student anymore.

Some said one can just stop school after filing, but what I did was continue school, in case my petition failed, i still have a F1 student status to back me up.

I would really make sure if your wife can re-enter US as a F1 student when the petition is in process. I am quite sure that the AP can let her re-enter US.
 
my 2 cents

She is no longer an F-1 student any more. Her status in AOS pending now.
 
Hello,

Once I-495 has been files , previous visa (F1) is no longer valid. You MUST apply for Advance parole to travlell outside US.

Good Luck

Vik_b
 
Big thanks to everyone.

To make the case simpler, she will continue education this semester, and fly back to her home country during Spring break (though kinda short).

Also, I just check case status online, her AP is approved. :)

Regards,
 
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