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Music and Art at the Ukrainian Institute of America
Posted by Julia on June 21, 2001 at 00:36:51:
In Reply to: Re: Marriage in USA posted by Lesia on June 21, 2001 at 00:11:50:
Dear Tanya,
I am exacly in your situation, F-1 married to a US citizen, applied for everything 1.5 years ago, interview in a week :) I did consult an attorney and this is what the attorney told me:
a) You should try your best to maintain your status before you file I-130/I-485 package. If you maintain your F-1 status until the date the package is filed you will be eligible for advance parole (you can't travel while your I-485 is pending out of US without the advance parole). If you fall out of your status BEFORE you file, you will still be able to adjust (automatic waiver for spouses of US citizens :) ), but you will not be eligible for advance parole.
b) After I-485 is filed you don't have to maintain your F-1 status. Moreover, you won't be considered an F-1 student any longer, you will be "adjustment applicant", eligible for EAD, etc. Basically, after I-485 is filed you have no choice but to wait for your interview, so if you graduate you will have to stay in the country anyway.
By the way, processing times ranges depending on where you live, and I agree that anyone can co-sign Affidavit of support. Moreover, if your interview will be in a year or so, he might need to file a new affidavit, and if by that time he makes enough money (e.g. he graduates) that would be even better.
Check with the international student adviser in your school. Mine took me through the entire process (I got an attorney for the interview just in case). Good luck!!