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legal status during i130&i485&i1765
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muazzez
9/23/2013 9:40:04 AM
Total Posts: 9
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I browsed lots of forums and now i'm confused a lot! i entered USA with B2 visa and i got married with a LPR after 4 months. We sent i130,i485,i765 together and received hard copy of i797. My visa expires in 10/04/2013. What is my status staying in US? i really confused.. One of the forums it says, "So long as the AOS is pending, she is allowed to stay in the United States. In fact, she is not allowed to travel (unless she was approved for a I-131 and issued an advance parole document). " is my AOS a pending status? or should i had biometrics to stay legally in here?
Amazon
9/23/2013 9:57:55 PM
Total Posts: 591
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After you file I-485 application, your status typically is "Adjustment of status". This means you are allowed to stay in country. However you cannot work unless you get EAD card. You also cannot leave US, unless you have Advanced parole document. If you leave US and AP have not been issued, it can be considered as abandonment of application. The blog post below has more FAQs which would be helpful: http://blog.mygcvisa.com/2013/04/how-to-file-i-485-application.html Depending on your individual case, you may also want to talk to a lawyer.
muazzez
9/24/2013 3:26:10 AM
Total Posts: 9
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Thank you. I also phoned immigration help center and described my situation. Officer told me the same as you did. If i have receipt number i'm OK to stay here until get approved or rejected..
Zaf
10/7/2013 8:47:03 PM
Total Posts: 9
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Hello guys! I am almost in the same situation. I am an F-1 student visa. My I-130 was already approved (08/15/2013)and after filing I-485, my finger was done on 10/04/2013. I'm worried a bit. I am still studying and paying (monthly) much money just to keep f-1 status. Many forums say - after filing I-485 and after getting fingerprinted - it means "Adjustment of Status - Pending case with USCIS"- student do not need to study (stay in F-1 status). No RFE is asked so far. I hope I will get my I765 and I131 approved by the end of this month or by November 15 Please, help! How do you think about this case? Thanks Zafa
muazzez
10/7/2013 10:31:55 PM
Total Posts: 9
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Actually, I haven't gotten my fingerprints,yet. And i got an RFE :( You are lucky , got no issues and almost finished the process.. Regarding to my call to immigration help center and as Amazon's said, if you received the notice paper (it must have a receipt number on it) you are good to stay without any other thing. This is my case. But i don't think it will change for student visas. Mine is B2 visa (Tourist). I think you don't need to pay anymore. I have a question too.) I'm going to receive RFE in this week. It's for i-485. My question is if my other papers (i765 and i130) will be on hold in this time? I sent them together but I couldn't be sure if 1 RFE affects other forms? thanks,
Zaf
10/7/2013 10:51:46 PM
Total Posts: 9
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Hi thanks your response. Do you know I am not sure. But I think it may affect other forms but not much. As soon as return asked papers you will get another notice during 7-10 days. I received ASC appointment notice and it was for I-485 and I-765. As it says TO PROCESS YOUR APPLICATION, USCIS MUST CAPTURE YOUR BIOMETRICS Zafa
muazzez
10/8/2013 12:14:09 AM
Total Posts: 9
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oh, you got 1 appointment for both i485 and i765? if so it's not good for me:( thank you for comment..
Amazon
10/10/2013 2:28:17 AM
Total Posts: 591
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It depends on RFE. Some RFE affects processing EAD/AP document. Some RFE is independent of EAD/AP.
muazzez
10/10/2013 4:08:49 AM
Total Posts: 9
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Amazon is right. At the RFE letter, it says that "The service will process your Form I-765, Application for Employment Authorization (if submitted) within 90 days of the receipt of your missing initial evidence." One of the requests is a "tax returns" RFE so i believe EAD is subject to this.. i'm not lucky :(


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