Hi guys,

I am a US citizen (Nepali origin) and I married to my longtime girlfriend about three months ago. She is/was in F-1 status and still pursuing her masters degree.

We had already filled petition I-130 & I-485. Her I - 765 got approved and she received her EAD card few days ago but no information on I - 485 (interview) yet.

Her classes are starting from mid January and we are confused if she still needs to be in college to maintain her F-1 status while the application is in progress.

Kindly suggest if you are familiar with this topic.

EAD approved means she is not only permitted to reside in the US legally but also to work legally. If I-485 is not approved well before the EAD expires, you folks need to apply for a new EAD to maintain status. IMO, she does not need to maintain F-1 status anymore.

I'm pretty sure she doesn't need to maintain her f-1 status.

cheers to her if that's what she wants from life. us citizenship, and a working husband.

I went through similar process, 2 years ago. Same situation as yours; however, i filed I-130 through green card.

She does not need to maintain her F-1 status, because your I-130 is already being approved.
Now she is eligible to change her status to Permanent Resident(I-485).

Thanks for the response guys.
GariKhanaDeu ji, I-130 not approved yet, we received only the work - permit (I-765) valid for a year.

Hi GariKhanaDeu ji, I have also the same situation I filed I30 through GC still not approved yet.
Is it true that he/she does not need to maintain F1 status if I30 approved through GC holder.
Please let me know.....
thank u in advance

@Ruben123 : So you filed all three (i-130,i-485 and I-765) together. I know they won't send work-permit (EAD card) until your I-130 is approved. You should have received a receipt saying your i-130 is approved. (I am confused, i was under the impression that a person is eligible for EAD, only after I-130 gets approved. "Well on the case like yours and mine"). What is your Priority date?

@Gaurav123: Yes that is true, she does not need to maintain F1 status if I-130 gets approved.
she is eligible to change her status to Permanent Resident(I-485).

Guys, in my case, i filed i-130 at first and when it got approved then only i filed I-485 and other relevant forms. Total time in my case was: 14 months.

GariKhanaDeu ji, I talked with Yagya Nepal (Lawyer) even the I30 gets approved, she need to wait the priority date is current untill then she need to maintain F1 Status( I30 approved through Green Card Holder). Have u ever been through the same situation.
I am waiting for ur response.

Gaurav123 Ji: Yes, he is correct.
We should wait until the priority date becomes current. In my case, the priority date was current when my I-130 got approved, so i got to file I-485 right away.
What is your priority date? And did you file (i-130,i-485 and I-765) all together or just I-130?

Guys help me,

So If I have a green card, and filing green to my f1 status wife, I send them only I30 form and wait until the priority date is current and file I484, 765 and .. man it gonna take 2 years just to meet current data,

Please correct me if i am wrong

@tukka: Yes basically the process tyehi ho.
You can either file (I-130, I-485 and other forms) together. They will process accordingly.
Or, You can file i-130 first and after that is approved and your priority date is current, then you can file adjustment of status(i-485).

Normally I-130 ko processing time is 5 months.(Depends on your service center)
And, Looks like currently the priority date is :15 APR 2013.(http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-january-2015.html)

So, yes it will take more than 2 years.

@garikhanadeu,
Thank you so much for your information,
So they will send work permit (EAD) only after I-30 is approved,that means another 2 months or so.

Thank you again

@Tukka
Well, in this case i-765(EAD) is the part of i-485 process.
So they will start processing your i-765(EAD) after your i-485 process starts, and i-485 process start huna, your priority number should be current.
So, EAD aauna alik time lagcha.