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I-765 and I-131 concurrent with I-485

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  • I-765 and I-131 concurrent with I-485

    I am USC. I have sent above forms for my wife. She has alwas maintained her F-1 status here. Do you see any problems travelling on I-131 before she sdjust status. How long is it taking to adjust status as immediate relative of USC in New York? I mailed a paper copy of I-765. Can she also apply online to make it any faster? Is it allowed to file two copies of I-765? Do we need to wait to get the receipt notice before we file electronically
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

  • #2
    I am USC. I have sent above forms for my wife. She has alwas maintained her F-1 status here. Do you see any problems travelling on I-131 before she sdjust status. How long is it taking to adjust status as immediate relative of USC in New York? I mailed a paper copy of I-765. Can she also apply online to make it any faster? Is it allowed to file two copies of I-765? Do we need to wait to get the receipt notice before we file electronically
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

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    • #3
      Once you file for adjustment,she will no longer have F-1 status and to travel internationally will have to use an advance parole to travel. There are no problems traveling with AP.

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      • #4
        Thank you Federale. Could you please guide me to the post wher it gives reference to a case law where it states that "F-1" loses NIV once I-485 is filed. For H-1B, I am sure that they do not lose their NIV once 485 is filed and they can travel on H-1B, no AP. Do F-1 surely need an AP. What documents shall she still have while travelling on AP. he all I-20's and school ID's or only I-20's, to show maintenace of NIV status throughout.
        Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

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        • #5
          She loses F-1 because F-1 is not a dual-intent visa category. This means when she got her F-1 visa or changed her status to F-1, she explicitly stated that she intended to go back to her home country upon completion of her studies. This is why she MUST wait for AP to travel outside the country. If she leaves before receiving AP, her application for Adjustment of Status (I-485) will be considered abandoned.

          Here is a link to a reliable website with a good explanation. http://www.murthy.com/news/n_f1saos.html

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