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Please Help!!! F-1 AOS Concerns

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Filed: AOS (pnd) Country: Philippines
Timeline

I posted this in another thread but it may get more visibility here. My wife and I are really scared.

My wife arrived here December 2007 on a student visa and we married October 2008. We sent in her AOS paperwork in November and she has already had her biometrics appointment and received her NOA. Due to the high cost of international student tuition, we were hoping she wouldn't have to go to school this semester since she was in AOS mode. An immigration lawyer friend of ours told us that was fine.

My wife just met with her advisor who told her that she is still an F-1 visa and that she broke her status with the school. They told her that she will have problems becoming a citizen and getting work now because they listed her as breaking her visa in the database. They only wanted to meet with her to tell her this and added that it was too late to register for classes. The advisor said that she's still an F-1 visa holder until she gets her green card and anyone who says otherwise is wrong. The advisor didn't care that she had received an NOA from the USCIS. As you can imagine, we are both quite upset and worried about this. Can someone please advise?

Daniel

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Filed: AOS (apr) Country: Philippines
Timeline
I posted this in another thread but it may get more visibility here. My wife and I are really scared.

My wife arrived here December 2007 on a student visa and we married October 2008. We sent in her AOS paperwork in November and she has already had her biometrics appointment and received her NOA. Due to the high cost of international student tuition, we were hoping she wouldn't have to go to school this semester since she was in AOS mode. An immigration lawyer friend of ours told us that was fine.

My wife just met with her advisor who told her that she is still an F-1 visa and that she broke her status with the school. They told her that she will have problems becoming a citizen and getting work now because they listed her as breaking her visa in the database. They only wanted to meet with her to tell her this and added that it was too late to register for classes. The advisor said that she's still an F-1 visa holder until she gets her green card and anyone who says otherwise is wrong. The advisor didn't care that she had received an NOA from the USCIS. As you can imagine, we are both quite upset and worried about this. Can someone please advise?

Daniel

Since I don't see a question... what are you worried about?

YMMV

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Filed: AOS (pnd) Country: Philippines
Timeline
I posted this in another thread but it may get more visibility here. My wife and I are really scared.

My wife arrived here December 2007 on a student visa and we married October 2008. We sent in her AOS paperwork in November and she has already had her biometrics appointment and received her NOA. Due to the high cost of international student tuition, we were hoping she wouldn't have to go to school this semester since she was in AOS mode. An immigration lawyer friend of ours told us that was fine.

My wife just met with her advisor who told her that she is still an F-1 visa and that she broke her status with the school. They told her that she will have problems becoming a citizen and getting work now because they listed her as breaking her visa in the database. They only wanted to meet with her to tell her this and added that it was too late to register for classes. The advisor said that she's still an F-1 visa holder until she gets her green card and anyone who says otherwise is wrong. The advisor didn't care that she had received an NOA from the USCIS. As you can imagine, we are both quite upset and worried about this. Can someone please advise?

Daniel

Since I don't see a question... what are you worried about?

Well, are in going to be in trouble with immigration and have we jeopordized approval of her AOS?

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Filed: AOS (apr) Country: Philippines
Timeline
I posted this in another thread but it may get more visibility here. My wife and I are really scared.

My wife arrived here December 2007 on a student visa and we married October 2008. We sent in her AOS paperwork in November and she has already had her biometrics appointment and received her NOA. Due to the high cost of international student tuition, we were hoping she wouldn't have to go to school this semester since she was in AOS mode. An immigration lawyer friend of ours told us that was fine.

My wife just met with her advisor who told her that she is still an F-1 visa and that she broke her status with the school. They told her that she will have problems becoming a citizen and getting work now because they listed her as breaking her visa in the database. They only wanted to meet with her to tell her this and added that it was too late to register for classes. The advisor said that she's still an F-1 visa holder until she gets her green card and anyone who says otherwise is wrong. The advisor didn't care that she had received an NOA from the USCIS. As you can imagine, we are both quite upset and worried about this. Can someone please advise?

Daniel

Since I don't see a question... what are you worried about?

Well, are in going to be in trouble with immigration and have we jeopordized approval of her AOS?

no, I do not expect so...

YMMV

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Filed: Citizen (apr) Country: Slovenia
Timeline
I posted this in another thread but it may get more visibility here. My wife and I are really scared.

My wife arrived here December 2007 on a student visa and we married October 2008. We sent in her AOS paperwork in November and she has already had her biometrics appointment and received her NOA. Due to the high cost of international student tuition, we were hoping she wouldn't have to go to school this semester since she was in AOS mode. An immigration lawyer friend of ours told us that was fine.

My wife just met with her advisor who told her that she is still an F-1 visa and that she broke her status with the school. They told her that she will have problems becoming a citizen and getting work now because they listed her as breaking her visa in the database. They only wanted to meet with her to tell her this and added that it was too late to register for classes. The advisor said that she's still an F-1 visa holder until she gets her green card and anyone who says otherwise is wrong. The advisor didn't care that she had received an NOA from the USCIS. As you can imagine, we are both quite upset and worried about this. Can someone please advise?

Daniel

Her advisor is wrong (she needs to read the law). When you file for AOS you are fine and can stop going to school. She filled the SEVIS and the USCIS officer will see that, but will not be an issue with you application and she will be approved if there are no adverse factors in your application. She is also not out of status. It depends of your state but she can come back to school in fall and pay in state fees. Also, when she gets the Green card she needs to take it to the International office at the school so they will take her out of the international files.

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Filed: Other Country: Philippines
Timeline

My husband's naturalization is currently in process, I'm on F1 status. My advisor just told me that if my I-130 is approved, and if I already got my NOA for my AOS, then it will be good for me to withdraw my F1 status.

Maybe when you get your AOS NOA, you did not withdraw the F1 status in school, so they think that you'll still going to study this semester.

Married 2007, Husband became USC 06/2009,

I became a LPR 11/2009

IR-2 for USC's stepdaughter (my daughter) TIMELINE :

03/22/10 - Sent I-130 to Chicago, IL

03/23/10 - Received & Signed by R Mercado

03/31/10 - NOA1 Date

04/02/10 - Check cashed

04/05/10 - Received NOA1

05/03/10 - Touched

05/04/10 - Touched

05/05/10 - Touched/Received Approval Message (email&text) 44 days!!!

05/06/10 - Touched/Status says Approval Notice Sent on 05/05/10

05/07/10 - Case # Assigned

05/10/10 - Received NOA2

05/12/10 - DS3032/AOS Fee Bill Received (email)

05/12/10 - Sent DS3032 via email & Paid AOS Fee Bill

05/16/10 - AOS Fee Bill Payment Status is PAID

05/17/10 - DS3032 Accepted/DS230 Fee Bill Received/Sent AOS Packet

06/09/10 - Checklist Cover Letter Received by email (to pay&send DS230, & RFE for AOS)

06/23/10 - Sent RFE for AOS

06/30/10 - NVC Received RFE Response as per AVR

07/02/10 - Paid IV fee bill

07/13/10 - Sent DS230

07/14/10 - Packet received as per USPS

08/12/10 - AOS Accepted

08/17/10 - Sign in fail

08/18/10 - Called NVC, operator told me that our case will be sent to USEM

08/23/10 - Case received at USEM

08/24/10 - USEM gave Interview Date : September 17 @ 7:15am

09/17/10 - APPROVED

10/14/10 - POE at WAS, USA

N-400 for Me

01/09/13 - Sent to Dallas Lockbox (Lewisville, TX)

01/15/13 - Check Cashed and NOA date

01/28/13 - Biometrics Appointment (DONE)

01/30/13 - Email received "In line for Interview Scheduling"

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