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Immigration Issues/F1 change of status based on marriage


I entered the US on an F1 student's visa in 2010 and I am currently in school. My wife (a US citizen) and I got married early 2012 and she filed a the form i-130 petition for alien relative in April. For some reason (after my wife called to complain about hearing nothing), we were told the application was received but misplaced, and the process was restarted. Progress has been maintained so far. I was wondering if I should file the I-148 also pending/following the i-130. I am still enrolled in school and wouldn't want to abandon my wife and step daughter after graduation.
Am I on the right path? What do or don't I do?
Thank you very much.

Dear Chigs,

1. Yes, you should file Form I-485 with a pending I-130.  The immigration regulation is clear that you can file your I-485 concurrently with I-130.  You should have filed the I-130 and I-485 at the same time.

2. My office can help you get a green card based on the I-130 that has already been filed for you by your wife.  Please email me at to receive further information.  Thank you.

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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