Immigration Site

Hi, all. The search function keeps leading me to an error page, so I hope this question hasnt been asked before. Apologies if it has.

Anyway, the long and the short of it is that Im currently a student with an F-1 visa valid through August 2011. My fiancйe and I are getting married this week, and we plan to file the I-130 and I-485 concurrently shortly thereafter.

At what point in the process am I granted legal status in the US independent of my F-1 visa? Theres obviously the concern that my student visa will expire before any form of legal residency is conferred. Furthermore, Ive just discovered that due to some recent changes, Ill no longer need the degree Im currently pursuing. The Masters I earned in the UK is, apparently, now sufficient for the type of job I intend to take. With that being so, its obviously not particularly sensible for me to continue studying and, of course, paying hefty tuition fees when I dont even need the qualification.

So do I become a legal resident at the point at which the I-130 and I-485 are received? How long does it typically take for the forms to be received and acknowledged? I just need to figure out if I should enroll for next semester and pay tuition and whatnot, or if Ill be legally entitled to stay in the country without doing so and maintaining my F-1 visa.

Thanks in advance for all your help. Ive spent the last three days engaged in dead-end googling, and it was a real relief to find a community of such well-informed folks who arent looking to take my money in exchange for some much-needed advice!

Charles

Up until you are interviewed and granted AOS you will be considered F1 in transition, and if you have to travel while actual adjustment will be approved at the interview you have to get a AP. You will also be able to get a EAD to accept employment, once filed you can quit school as your stay in US at that point will be protected.

Thanks for your response, namecheck. Im still a little overwhelmed by the various steps involved in the process, so Im hoping you can clear things up for me. Heres how I understand the process based on your post and other information Ive scraped together:

1. Well file the I-130 and I-485 concurrently following the wedding.
2. At some point well be interviewed together for AOS.
3. If approved, Ill receive a temporary green card.

Im sure Im missing numerous steps there, but none of the literature Ive read is particularly clear on the process. If you wouldnt mind answering a couple of questions, it would really help me out.

- At what point in that sequence can I apply for the EAD and travel authorisation? Can I apply for that at the same time as the I-130 and I-485?

- Can I essentially drop my F-1 visa (that is, discontinue my college studies in a way that would violate my F-1 conditions) once my EAD is approved?

- How long does it normally take for the EAD to be issued?

Its amazing how little useful information Ive found online for this situation. There was a wealth of useful literature on the F-1, but this is all a little confusing.

Thanks again for your help, namecheck, and anyone else whos good enough to help me out here.

You can apply for EAD and travel authorization at the same time as I-130 + I-485. Fees for EAD and travel permit are included in I-485 fees.
It takes 2-4 months to get EAD and travel permit. If you discontinue studies after getting a receipt notice, you should be ok.