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 I485 and F1 status
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Posted on 08-12-18 9:42 PM     Reply [Subscribe]
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Hello guys,
One of my friend (US citizen) filed i485 for his wife (in F1) last December and is currently waiting for interview. Nowadays it takes a lot longer to get interview may be next month or next year. So if someone is in familiar situation, I wanted to ask is it worth to go to university and spend $5k just to maintain status?
His wife already released sevis id to university before knowing that she could pass nclex exam and work as RN (she got ead now through i485 petition). Now it doesn’t make sense to go to university. So he was asking me if it is good to 1) leave status b) take semester off c) go to university?
 
Posted on 08-12-18 9:54 PM     [Snapshot: 8]     Reply [Subscribe]
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She does not need to go to the school to maintain F1 since she already has EAD through I-485. I hope this information helps.
 
Posted on 08-12-18 10:06 PM     [Snapshot: 34]     Reply [Subscribe]
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Thanks Gmajor. I was also not sure if one has to maintain F1 status after getting EAD through i485, I got conflicting answers when I googled.
 
Posted on 08-13-18 11:00 AM     [Snapshot: 149]     Reply [Subscribe]
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After you use I-485 ead/AP, your F1 is not valid anymore. If she wanted to maintain F1 , she should have just used the EAD from F1 (OPT/CPT). Now, there's no point in wasting money going to school. Marriage based green cards are almost 100% as long as they are bonafide, it's just a matter of time.
 
Posted on 08-13-18 11:19 AM     [Snapshot: 169]     Reply [Subscribe]
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If she leaves her F1 now and continue to work/live with i485 pending, is she in legal status?
Will there be issue when traveling to Nepal now or in future ( with advance parole now and with green card in future)?
 
Posted on 08-13-18 11:21 AM     [Snapshot: 176]     Reply [Subscribe]
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Thank you for your input, I have passed on the suggestions and they are helpful.
 
Posted on 08-13-18 12:09 PM     [Snapshot: 218]     Reply [Subscribe]
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No issues at all. She will be in "pending AOS" , which is a valid legal status. She can work and travel with no issues with valid EAD and AP. The only problem that might come is if her case is denied , then there is no other valid status to fall back on. But, like I said marriage based AOS is usually approved (unless you are disqualified due to criminial/other legal issues).
 
Posted on 08-13-18 1:11 PM     [Snapshot: 263]     Reply [Subscribe]
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Thanks shelvey, that is clear.
 


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