Go to school with pending AOS

[crs 0]

Hi everyone,

my fiance is currently petitioning a K1 for me, and we hope I can be there by Feb and get married by March. I will also be applying for grad school in the US and we should be getting an answer by March, although school starts in Sept. My question is: if we start AOS as soon as we are married, and my green card isnt approved until the time to start school comes, can I still go? Or do also have to get student status prior to the AOS application? Is it enough to show EAD (which if we file in March should be coming before September!) and pending AOS application? Did anyone have the same situation occurring? Thank you.

Cristina

[akdiver 3]

Hi everyone,my fiance is currently petitioning a K1 for me, and we hope I can be there by Feb and get married by March. I will also be applying for grad school in the US and we should be getting an answer by March, although school starts in Sept. My question is: if we start AOS as soon as we are married, and my green card isnt approved until the time to start school comes, can I still go? Or do also have to get student status prior to the AOS application? Is it enough to show EAD (which if we file in March should be coming before September!) and pending AOS application? Did anyone have the same situation occurring? Thank you.

One really has nothing to do with the other. If you're not here on a student visa, you're not here as an "international student" and it none of the school's business about the AOS and certainly not the EAD.

My wife started attending university right away when she came. No one at the school asked for any documents pertaining to identification, let alone immigration. She filled out the forms, mailed them in with a check for the fees, and went to class. A short time later, she decided to apply for admission to graduate school. She had her credentials from her home country evaluated by a U.S. evaluation firm (ECE), had them mail the university the results, had her foreign universities mail transcripts to the local university and a short time after that, was admitted to the program of her choice. Once again, nothing about immigration documents or status played any role in any part of the university processes.

Just under three years from when she first arrived here, she had completed a M.S. degree (to go with the three degrees she already obtained in Russia ) and got a job making $65K/year. She's a real immigration success story (:

Good luck!

AKDiver

Edited September 1, 2008 by akdiver

[crs 0]

Thank you and congratulations!

[meez 0]

Thank you and congratulations!

I was not allowed to go to school without EAD, I also wanted to start my Masters so I would definitely be sure to check at the University you plan to attend.

[crs 0]

Well I *should* have EAD by the time I start school, I just wont have gc yet.

They would also be willing to sponsor an F visa if I get accepted. So I was wondering what happens if I enter the US on K1, and then get accepted for school...... should I switch my status to student before applying for the GC, and specify that my entry was on K1 in the AOS papers?

[richo 0]

Well I *should* have EAD by the time I start school, I just wont have gc yet.

They would also be willing to sponsor an F visa if I get accepted. So I was wondering what happens if I enter the US on K1, and then get accepted for school...... should I switch my status to student before applying for the GC, and specify that my entry was on K1 in the AOS papers?

Nope you shouldnt switch since your entry is K-1 visa Even if we want to go to school in here our status wont change to student . I enter as k-1 visa and my AOS was currently processing now and next year I'm planning to take my master's but it doesnt mean I will change my status to student even if I want to study before my Green card arrives BUt bear in mind that the tuition fees varies from state to state and university to university. Even if you had your EAD and havent stayed at 1 state for a year, you will still be under the non-resident fees which is twice or three times higher than the resident fees.Then again there's some universities that will grant you the resident fees when you had your ead etc. GOod luck to your journey

Edited September 2, 2008 by richo

[crs 0]

I am not worried about the tuitions, since I will have a scholarship if I get in (its a fully paid PhD program). I am just worried that I will be able to attend.... do they let you attend with just EAD without GC yet?

[meez 0]

I am not worried about the tuitions, since I will have a scholarship if I get in (its a fully paid PhD program). I am just worried that I will be able to attend.... do they let you attend with just EAD without GC yet?

You cannot obtain a student visa unless you do not wish to become a permanent resident. You don't need a green card just ead.

[crs 0]

I do wish to become a permanent resident which is why we are filing for K1.. but I also want to be able to attend school if I get accepted

[richo 0]

I do wish to become a permanent resident which is why we are filing for K1.. but I also want to be able to attend school if I get accepted

I guess its best to worry about the processing first and make sure everything is complete..because it might take a while before you can come and study here...k1 processing then AOS processing..Good luck to you

[crs 0]

well the school made me a very good offer for this PhD and I want to be able to accept it this year cos I dont think it will come again, so I wanna make sure I am prepared

[richo 0]

well the school made me a very good offer for this PhD and I want to be able to accept it this year cos I dont think it will come again, so I wanna make sure I am prepared

Hmm if you really want to study then why not apply for student visa??

[crs 0]

Well, study begins in Aug 09. Our marriage is planned for March 09. Why should I wait to be with my fiancee? Also, I think it is fraud to go to the US with immigrant intents on a non-immigrant Visa. So I dont think it would be correct to go, start school and get married right away. I prefer to do everything the right way. My first goal is to marry my fiancee, not to go to school. I hope this is clear. Anyway, if you have any situation which can compare to mine and tell me what you did in that case, I will be happy to hear it.

[richo 0]

Well, study begins in Aug 09. Our marriage is planned for March 09. Why should I wait to be with my fiancee? Also, I think it is fraud to go to the US with immigrant intents on a non-immigrant Visa. So I dont think it would be correct to go, start school and get married right away. I prefer to do everything the right way. My first goal is to marry my fiancee, not to go to school. I hope this is clear. Anyway, if you have any situation which can compare to mine and tell me what you did in that case, I will be happy to hear it.

Good thing its clear now My first goal is to marry my fiancee, not to go to school. ANd good luck

[crs 0]

Well, I thought it was clear from the beginning, since most Grad Schools sponsor your student visa once you get into the school

Thank you and good luck to you as well