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Farz1990

Green Card for a non-immigrant spouse with F-1 status residing in USA of a Green Card Holder

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I am currently in F-1 status living in Clarksville, Indiana with my husband (who is a Green Card Holder). We both are from Bangladesh. My husband (the Petitioner) applied for my (the beneficiary) Green Card. We received the receipts of I-485, I-131, I-765 on November 21, 2018 and my Biometrics was done on December 13, 2018 at 9 am in the USCIS Louisville, KY 40202. My priority date was February 15th, 2017 (it was written on the receipt of I-130). Haven’t received anything regarding interview schedule So, my question is:

1)      Is it possible to receive my EAD card before receiving my green card or before the interview for green card? And any idea how long does it can take to receive the EAD card considering the application date?

2)      If I get my EAD before receiving my green card or interview of the green card, do I need to maintain my legal F-1 status to stay and work in USA (when I-485 status of adjustment will be on process)?  

3)      What is the current processing time for family preference based I-485 application?

Note: My husband is not an U.S. citizen. He is currently a permanent resident, and he got his green card through employment based green card category.

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21 hours ago, Farz1990 said:

I am currently in F-1 status living in Clarksville, Indiana with my husband (who is a Green Card Holder). We both are from Bangladesh. My husband (the Petitioner) applied for my (the beneficiary) Green Card. We received the receipts of I-485, I-131, I-765 on November 21, 2018 and my Biometrics was done on December 13, 2018 at 9 am in the USCIS Louisville, KY 40202. My priority date was February 15th, 2017 (it was written on the receipt of I-130). Haven’t received anything regarding interview schedule So, my question is:

1)      Is it possible to receive my EAD card before receiving my green card or before the interview for green card? And any idea how long does it can take to receive the EAD card considering the application date?

2)      If I get my EAD before receiving my green card or interview of the green card, do I need to maintain my legal F-1 status to stay and work in USA (when I-485 status of adjustment will be on process)?  

3)      What is the current processing time for family preference based I-485 application?

Note: My husband is not an U.S. citizen. He is currently a permanent resident, and he got his green card through employment based green card category.

1. Yes

2. No. You don't even need to maintain your status now. Once you have properly filed I-485, you can stay in the US for as long as I-485 is pending even if you lose status in the meantime. Whether you have an EAD has nothing to do with it.

3. Hard to say

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Yes! Our attorney helped us to file in F2A category at the end of November 2018 (after the approval of I-130) saying that we will just have to wait till our priority date becomes current for further processing. My bio-metric is already done! 

I am just receiving some conflicted opinion (even from my attorney) that a spouse of a green card holder/ LPR does not get any pending adjustment of status benefit is he/she is residing in USA. They beneficiary have to maintain their current visa status until they receive their GC. However, we had no idea that we have to maintain a legal non-immigrant visa status till GC arrives given the situation. Since I am already residing in USA with F-1 visa (and my F-1 will expire pretty soon after my graduation), I thought that I don't have to maintain my F-1 visa status when my I-485 will be pending for processing. 

Anyone has any opinion regarding this? I will really appreciate the help. 

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Once an I-485 is filed you are legal even when your current status expires. There is no special I-485 for spouses.

You may have misunderstood some stuff. Employment-based applicants can extends their H1s when an I-140 is approved. That doesn't apply for family-based applicants who file an I-130.

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How did he file AOS if your PD is not current? Was the PD before the dates mentioned in the October Visa Bulletin? If the PD was current and your lawyer filed AOS for you, then you are legal to stay till the GC arrives.

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1 hour ago, pontevecchio said:

How did he file AOS if your PD is not current? Was the PD before the dates mentioned in the October Visa Bulletin? If the PD was current and your lawyer filed AOS for you, then you are legal to stay till the GC arrives.

On USCIS's AOS filing chart for Nov 2018, it uses Dates for Filing and for the F2A category the date is 1 Dec 2017. The OP's priority date is much before that and so can file I-485. However, the AOS can't actually be approved until the Final Action Date in the Department of State's visa bulletin passes the OP's priority date, which has not happened yet.

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3 hours ago, Farz1990 said:

Yes! Our attorney helped us to file in F2A category at the end of November 2018 (after the approval of I-130) saying that we will just have to wait till our priority date becomes current for further processing. My bio-metric is already done! 

I am just receiving some conflicted opinion (even from my attorney) that a spouse of a green card holder/ LPR does not get any pending adjustment of status benefit is he/she is residing in USA. They beneficiary have to maintain their current visa status until they receive their GC. However, we had no idea that we have to maintain a legal non-immigrant visa status till GC arrives given the situation. Since I am already residing in USA with F-1 visa (and my F-1 will expire pretty soon after my graduation), I thought that I don't have to maintain my F-1 visa status when my I-485 will be pending for processing. 

Anyone has any opinion regarding this? I will really appreciate the help. 

The bar to AOS for having been out of status only considers status violations before that I-485 is filed; being out of status after I-485 is filed does not make you ineligible for AOS. See USCIS Policy Manual Volume 7, Part B, Chapter 4, section G:

Quote

For purposes of the bars to adjustment, a nonimmigrant only needs to maintain his or her nonimmigrant status until the time he or she properly files an adjustment application with USCIS so long as the nonimmigrant does not engage in any unauthorized employment after filing the adjustment application.

 

 

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