Can I stop going to school after we get married since I still have a work permit? 2 Answers as of October 01, 2014

I am on F1 visa and still studying. I was able to find a company to sponsor me for EB2. I was approved for a work permit. However my I-140 was denied. So my boyfriend (who is an American citizen) suggested that we get married. Do I need to file for another I485 together with I130 after we get married? I still have a pending I485 from which was filed with my I140.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Yes. You can stop going to school. But you must file a new I-485 application along with an I-130. Probably wise to have an attorney throughout this process including representation at the interview.
Answer Applies to: California
Replied: 10/1/2014
Aygul Charles Law
Aygul Charles Law | Aygul Charles
Your adjustment of status based on your marriage is a completely separate petition and therefore requires a different I-130, I-485, and I-864. If you stop going to school, then your F-1 status will no longer be in good standing. Any benefits stemming from that status such as a work permit will become invalid as well. As soon as you and your husband submit I-130 and I-485 and it is in the process of being reviewed, your status is deemed to be permissible provided that you eventually pass the interview. In other words, if you stop going to school, you lose your F-1 status and your future immigration status depends on whether or not you successfully pass the interview. If you stop going to school, your current work permit will become invalid. Regardless of whether or not you stop going to school, you should apply for a work permit together with marriage-based I-130 and I-485 which should be granted within 90 days after receipt of all of the necessary paperwork. There is no fee for the work permit if you apply for it at the same time as you submit marriage based adjustment of status packet.
Answer Applies to: New York
Replied: 10/1/2014
Click to View More Answers: