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    nt31vn's Avatar
    nt31vn Posts: 1, Reputation: 1
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    #1

    Nov 9, 2013, 12:35 PM
    Could you please tell me if I can file form I-485 Adjustment of Status ?
    HI there, Please help me!

    I was once an F-1 student (but I stopped going to school Fall 2011) -I am married to a Permanent Resident. He filed the I-130 in JAN 2011 and it got approved June 2011.

    I was on OPT training from Oct 2009 to Oct 2010. However, I continued working with after my EAD card expired.

    I filed the DS 230 and IV documents - and I have an interview in my home country this Dec 10th, 2010 but I am planning on not going back but waiting in the US because I'm afraid of the 10 yr ban.

    Could you please tell me if I can file form I-485 Adjustment of Status when my husband becomes a US Citizen (in 2015) while waiting here in the US? Will my working while EAD card expired affect USCIS's decision?

    Thank you very much!

    Nancy—
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #2

    Nov 9, 2013, 06:01 PM
    Quote Originally Posted by nt31vn
    but I am planning on not going back but waiting in the US because I'm afraid of the 10 yr ban.
    You should not have any ban, because you were in F1 status, which means you were almost certainly admitted for "D/S" on your I-94. People admitted for D/S generally cannot accrue unlawful presence, and thus cannot have a 3-year/10-year ban.

    Quote Originally Posted by nt31vn
    Could you please tell me if I can file form I-485 Adjustment of Status when my husband becomes a US Citizen (in 2015) while waiting here in the US?
    Yes, assuming they don't deport you by then. I'm not sure whether your current approved I-130 petition can wait for that long, so he may need to file a new petition concurrently with the I-485.

    Quote Originally Posted by nt31vn
    Will my working while EAD card expired affect USCIS's decision?
    No.
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