Wife's AOS has been filed - Needs answers for some problems that I am facing.

[desi74]

My employment-based AOS application is pending at NSC (RD : 11/22/2002). I responded to a RFE, which USCIS received on Oct 26th 2004. A week after that, on November 1, 2004 , I also applied for my wife’s adjustment of status (AOS) application as my derivative beneficiary. Yesterday I received the receipt notices for my wife’s AOS, EAD and AP applications. I have two questions:

1) These days USCIS makes a decision about your AOS case 3 to 5 weeks after receiving a respond to the RFE. However, given the fact that after responding to the RFE, I have also applied for my wife’s AOS application, should I expect a delay in final decision about my AOS application. Anyone has similar experience? Please guide.

2) This question is very important for me and my wife. My wife is currently on F-1 status and this is her first semester. Now that her AOS, EAD and AP applications have been filed and USCIS has issued her a LIN number and an Application number, what is her exact status in this country? Is she supposed to maintain F-1 status until her AOS application is decided? Her school is pushing her to register for spring semester 2005. I do not want to pay 7000 dollars of tuition fee for spring 2005, if we do not have to. Please guide. Can we go and show the international school of her university the receipt notice of her AOS application and tell them that she does not need to register to maintain F-1 status. Please help. I am really disturbed. Thanks a lot.

Ram

 

[usnycus]

See Inline...

My employment-based AOS application is pending at NSC (RD : 11/22/2002). I responded to a RFE, which USCIS received on Oct 26th 2004. A week after that, on November 1, 2004 , I also applied for my wife’s adjustment of status (AOS) application as my derivative beneficiary. Yesterday I received the receipt notices for my wife’s AOS, EAD and AP applications. I have two questions:

1) These days USCIS makes a decision about your AOS case 3 to 5 weeks after receiving a respond to the RFE. However, given the fact that after responding to the RFE, I have also applied for my wife’s AOS application, should I expect a delay in final decision about my AOS application. Anyone has similar experience? Please guide.
... In theory, filling spouse I-485 as a derivative should not affect primary I-485. But when it comes to USCIS, we all have seen that no theory holds good on their working/procedure.

2) This question is very important for me and my wife. My wife is currently on F-1 status and this is her first semester. Now that her AOS, EAD and AP applications have been filed and USCIS has issued her a LIN number and an Application number, what is her exact status in this country? Is she supposed to maintain F-1 status until her AOS application is decided? Her school is pushing her to register for spring semester 2005. I do not want to pay 7000 dollars of tuition fee for spring 2005, if we do not have to. Please guide. Can we go and show the international school of her university the receipt notice of her AOS application and tell them that she does not need to register to maintain F-1 status. Please help. I am really disturbed.
... Many might not agree from my response and they are free to do so. But from my understanding of immigration process, you wife status is AOS. Her F1 is not valid anymore due to immigrant petition. She is also not required to maintain condition specified for F1 visa holders. She will also need AP to travel.

Thanks a lot.

Ram

 

[NBC_June04]

I support usnycus. In this case she have kind of an option to choose to stay under F1 or AOS. I myself was under J1 untill its very end and meantime we filed for AOS. I was told by the guys in the forum, by the INS 800-...... , my visa sponsor and 2 attorneys that even AOS is filed I can choose to keep J1 until its very end unless I use EAD, which will automatically categorize me in AOS. My J1 was over in OCtober and now I am AOS
I don't know if the University will accept pending AOS to consider her a resident. Probably it depends on the inner policy, regarding international students.
I see what is your concern. Being considered as resident- she will pay less tuition. Still the Uni might require to see an actual Green Card, not just a simple notice, stating her 485 is being processed. That's probably a specific policy for each University. SO better consult the UNi
However once she uses her EAD, which is issued on the bases of 485, her F1 status will be voided and she'll be definitely AOS.

 

[desi74]

I support usnycus. In this case she have kind of an option to choose to stay under F1 or AOS. I myself was under J1 untill its very end and meantime we filed for AOS. I was told by the guys in the forum, by the INS 800-...... , my visa sponsor and 2 attorneys that even AOS is filed I can choose to keep J1 until its very end unless I use EAD, which will automatically categorize me in AOS. My J1 was over in OCtober and now I am AOS
I don't know if the University will accept pending AOS to consider her a resident. Probably it depends on the inner policy, regarding international students.
I see what is your concern. Being considered as resident- she will pay less tuition. Still the Uni might require to see an actual Green Card, not just a simple notice, stating her 485 is being processed. That's probably a specific policy for each University. SO better consult the UNi
However once she uses her EAD, which is issued on the bases of 485, her F1 status will be voided and she'll be definitely AOS.

Thank you very much guys. you guys are awesome

To be dead honest with you, I do not want her to register for any class and she does not want to register either. I simply do not want to spend single penny on her school tuition fees, whether it is in-state or out of state. We ( me and her) have no interest in keeping her F-1 status and we don’t care if her AOS application is denied later because then we will pack up and go to our Mahhan India

All I am trying to do is to find out some way so that she does not have to register from now on and she still remains legal and her school does not consider her out of status . Because otherwise her school will report her as out of status to some agency as per new system after 911.

So, if she simply does not register for classes next semester, would that be OK? Based on what you guys told me she has to use EAD to be able to do so. I mean what if she does not find a job or she does not want to do a job? How about if she travels to India on AP and enters on AP? I guess then she will be out of F-1 status.

Ram

 

[usnycus]

See Inline...

Thank you very much guys. you guys are awesome

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So, if she simply does not register for classes next semester, would that be OK?
... It doesn't matter. She got I-485 pending and that will preserve her status.

Based on what you guys told me she has to use EAD to be able to do so. I mean what if she does not find a job or she does not want to do a job?
... She can sit home or look for job with EAD, it's her choice. Again, don't worry about status unless you hear back from USCIS regarding her pending I-485.

How about if she travels to India on AP and enters on AP? I guess then she will be out of F-1 status.
... She is already out of F1

Ram

 

[NBC_June04]

Thank you very much guys. you guys are awesome

To be dead honest with you, I do not want her to register for any class and she does not want to register either. I simply do not want to spend single penny on her school tuition fees, whether it is in-state or out of state. We ( me and her) have no interest in keeping her F-1 status and we don’t care if her AOS application is denied later because then we will pack up and go to our Mahhan India

All I am trying to do is to find out some way so that she does not have to register from now on and she still remains legal and her school does not consider her out of status . Because otherwise her school will report her as out of status to some agency as per new system after 911.

So, if she simply does not register for classes next semester, would that be OK? Based on what you guys told me she has to use EAD to be able to do so. I mean what if she does not find a job or she does not want to do a job? How about if she travels to India on AP and enters on AP? I guess then she will be out of F-1 status.

Ram

Yap, she is free to do whatever she wants.As long as her 485 is pending she is totally legal. It's not necessary to use the EAD to void F1. It's completely out of question whether you use it or not. ANd oh man she's AOS from the date her 485 was received. SO why bother at all???? She is free to stay and do whatever, up to the interview date when she'll be either granted a Green card or not. It's really nothing to worry about, man.
I was considered J1 even if my 485 was already pending. STill I kept my J1 because I wanted to. It's not mandatory. I was worried because I wanted to keep my J1 and doubted when to file 485 - after my J1 or during it. I got one and the same answer form several sources that in this case I am free to keep my J1 until it expires no matter that 485 is filed already.

 

[desi74]

thank you all of you. thank you for your answers. i had the same impression but i wanted to confirm.