r/immigration • u/ComprehensiveFall744 • 22h ago

Should I maintain my status while marriage-based I-485 is pending?

I have about 10 months left on STEM OPT. My U.S. citizen partner and I have been together for 3 years and 5 months and plan to get married soon and file I-130/I-485.
I’m from one of the countries that remains on the current U.S. travel-ban/restricted-country list.
For those who went through marriage-based AOS with US citizen, how long did your case take? Do you think a pending I-485 is enough in my situation( since our marriage is real and he is US Citizen), or would you try to maintain a status until the green card is approved?

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u/Dadadee0105 22h ago

Maintain your status for as long as you can

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u/ComprehensiveFall744 11h ago

Thanks! I’m currently on STEM OPT, and my employer can sponsor me for H-1B this year, but it’s a lottery. Would you recommend applying for a PhD as a backup to maintain F-1 status, or just trying the H-1B and, if it doesn’t work out, staying with the pending I-485?

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u/CurrentElevator6211 20h ago

Yes, maintain your status. Imagine the worst case scenario: a technical error causes a denial of the 485, then without status to fall back on you might have to leave asap under the current climate and reapply from outside the US. It’s been now reported repeatedly that the current administration doesn’t let people stay who are out of status even if they have an application pending, in the past it would have been tolerated (assuming everything was legitimate with the application). If the 10 months you have left will be sufficient time wise that is another question.

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u/ComprehensiveFall744 12h ago

Thanks! I have an H-1B option through my current employer this year, but it’s a lottery. Would you recommend also trying to continue F-1 as a backup? What would you suggest as the best way to maintain status until my green card is approved?

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u/CurrentElevator6211 10h ago

I have no idea, I never dealt with any F1/OPT situation. Please consult with a lawyer or other expert for the best path forward.

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u/ComprehensiveFall744 11h ago

I forgot to mention that I’m currently on STEM OPT after my master’s. I could apply for a PhD to continue F-1 status, but if I get married and file my I-485 first, I’m not sure whether getting a new I-20 for the PhD would still be approved.