Wife (F1 status) applying for AOS as derivative ??

[califdude]

Hi
I am filing for my I485 with my wife as the derivative. She is in F1 status.

1) If she does not plan to travel during the period till AOS is approved, would she be on F1 status or would she be in AOS pending status immediately ?

2) If she is on F1 status can she still be receiving tuition waiver and assitantship ?

3) If she travels during this period with a valid F1 stamp, will her status be AOS pending when she returns or still F1 ?

4) If on AOS pending status can she still receive assistantship ?

5) What happens to primary applicant status ? H1B (valid for 2 more yrs) or AOS pending ?

Is AOS pending a real status or just defined by applicants ?

Thanks

 

[TheRealCanadian]

1) If she does not plan to travel during the period till AOS is approved, would she be on F1 status or would she be in AOS pending status immediately ?

F status until she leaves the US or her F status expires.

3) If she travels during this period with a valid F1 stamp, will her status be AOS pending when she returns or still F1 ?

Your wife will not be readmitted on an F-1 after she files the Adjustment. She should not leave the US without approved AP in hand.

5) What happens to primary applicant status ? H1B (valid for 2 more yrs) or AOS pending ?

Nothing your wife does can affect your status.

 

[tammy2]

But Sheela Murthy says otherwise.

F status until she leaves the US or her F status expires.

Chat User : Does filing the I-130 and I-485 together as a spouse of a citizen entitle valid status? Does one have to maintain F-1 status until the I-130 or AOS interview? Can an EAD be obtained when the I-130 and I-485 are pending?

Attorney Murthy : A person is no longer considered to be in F-1 status upon the filing of the I-485. Except for the H and L statuses, all other nonimmigrant statutes cease on the date of filing the I-485. The USCIS will not extend or change one's status to F-1 after the person has filed the I-485. One is allowed to request the EAD or AP, and there will be an interview for the spouses to demonstrate the bona fides of the marriage.


Ref: http://www.murthy.com/print/chat0830_P.html

 

[TheRealCanadian]

Except for the H and L statuses, all other nonimmigrant statutes cease on the date of filing the I-485. The USCIS will not extend or change one's status to F-1 after the person has filed the I-485.

Sheela (who is not USCIS) makes two statements. Neither is entirely correct.

There is nothing that states that non-immigrant status immediately terminates upon the I-485 filing. A TN holder who files an I-485 and receives an EAD 90 days later is considered to have worked legally the entire time. If TN status terminated immediately upon the filing of the adjustment, then those 90 days would constitute illegal employment.

Second, let's say that the F holder files the I-485 and by some miracle USCIS looks at it before the F expires and denies it. I personally know an attorney who successfully obtained an F extension after the adjustment denial. If non-immigrant status expired automatically, this couldn't happen.

 

[fast_gc_seeker]

Hi
I am filing for my I485 with my wife as the derivative. She is in F1 status.

1) If she does not plan to travel during the period till AOS is approved, would she be on F1 status or would she be in AOS pending status immediately ?
>> F1 status as long as she satisfies all F1 rules like 9 credit hrs enrollment etc..
2) If she is on F1 status can she still be receiving tuition waiver and assitantship ?
>> ofcourse
3) If she travels during this period with a valid F1 stamp, will her status be AOS pending when she returns or still F1 ?
>> she needs AP as she'll have applied for AOS. She wont be allowed to
enter on F1

4) If on AOS pending status can she still receive assistantship ?
>> ofcourse

5) What happens to primary applicant status ? H1B (valid for 2 more yrs) or AOS pending ?
>> whats connection between H1B and F1?

Is AOS pending a real status or just defined by applicants ?

Thanks