F1 holder getting married n not going back to school

[zoey2009 0]

hi everybody

im a F1 holder. i have been taking my class for 3 quarters already. on my 4th quarter i decided to take a break from school- thats from dec 2009 to march 2010.

my question now, im getting married by march n going to sent out my AOS/ I495 as soon as marriage cert is on hand. will i get in trouble if i dont go back to school while my application is on process?

FYI

from east coast i move to mid west.... my fiance is here in mid west. that's y...

need ur help guys....

THANKS....

[SunDrop 59]

hi everybody

im a F1 holder. i have been taking my class for 3 quarters already. on my 4th quarter i decided to take a break from school- thats from dec 2009 to march 2010.

my question now, im getting married by march n going to sent out my AOS/ I495 as soon as marriage cert is on hand. will i get in trouble if i dont go back to school while my application is on process?

FYI

from east coast i move to mid west.... my fiance is here in mid west. that's y...

need ur help guys....

THANKS....

Did your school agree to you taking a semester's worth of break? Your status as an F1 is usually invalidated if you do not keep a minimum number of study hours. I was under the impression that they have to report your attendance but can't advise you of when or how this happens.

If you were still in school and so your F1 status wasn't in question, then you shouldn't have any problems adjusting to LPR from it after you're married.

Once you have filed your AOS, you do not need to maintain your student status, but you should be more concerned about the fact that you are not technically a student anymore, having dropped all your classes. Have you made plans to transfer school to the midwest?

[Trompe le Monde 1,107]

If they left school in December they are allowed a period of 60 days to prepare the leave the US or transfer to another school, so the OP would no technically be out of status until the end of Feb if the last quarter completed was in Dec 09.

Edited February 1, 2010 by Trompe le Monde

[zoey2009 0]

Did your school agree to you taking a semester's worth of break? Your status as an F1 is usually invalidated if you do not keep a minimum number of study hours. I was under the impression that they have to report your attendance but can't advise you of when or how this happens.

If you were still in school and so your F1 status wasn't in question, then you shouldn't have any problems adjusting to LPR from it after you're married.

Once you have filed your AOS, you do not need to maintain your student status, but you should be more concerned about the fact that you are not technically a student anymore, having dropped all your classes. Have you made plans to transfer school to the midwest?

hi sundrop...

thanks

my international adviser knew im on break till march. she did sign my I-20 form. n she's expecting me back by spring class thats april. i have to register next week too.

if i dont go back or register will i be in trouble for this? eventhou im going to file out my AOS by end of march?

[bradam2001 0]

When we married , my wife was on F-1. She was taking her classes accordingly. We met here while she was here for her masters. Anyways, we got married in october 04, and filed for AOS in dec 04. She stopped going to school because she wanted to transfer somewhere else. In june 05, there was a knock at the door. it was an ICE detective. He had my wife's file, and asked what was going on. We told him the story and showed him NOAs. He got a copy of each and talked to us. He said even if we had not filed for AOS , if my wife was to be arrested and appear before an immigration judge she would be released since she got married to an american citizen. he also said his department and aos department were 2 different departments, and he would have never known that we filed for AOS. we also mentioned him that we had been waiting for 6 months for the interview and no luck yet. He said when he got back to office he would talk to someone about our application. We received an interview letter in less than 3 weeks

What I want to say is that do not leave anything for a chance. Anything could happen. they really come find you.... We know it from this experience. My wife is scheduled for her citizenship exam on 2/24 and hope everything works out okay for you. One more thing. F-1 students can take 1 semester off . The school lets INS know you have taken a semester off. ( we did not know about that before:))

hi everybody

im a F1 holder. i have been taking my class for 3 quarters already. on my 4th quarter i decided to take a break from school- thats from dec 2009 to march 2010.

my question now, im getting married by march n going to sent out my AOS/ I495 as soon as marriage cert is on hand. will i get in trouble if i dont go back to school while my application is on process?

FYI

from east coast i move to mid west.... my fiance is here in mid west. that's y...

need ur help guys....

THANKS....

[FortLaudy 10]

F-1 students can take 1 semester off . The school lets INS know you have taken a semester off. ( we did not know about that before:))

The OP spoke to his DSO, to take one semester off. I did exactly the same as since I got here I took an extra 2-3 courses per semester including extra courses last summer, we really wanted to take some time off to travel together and do this AOS now, so it worked out perfectly for us. Once you have your residency/GC in hand (some schools will accept NOA's or other docs from USCIS instead) you can take that to your international student advisor, there's a form you need to fill out called "Appeal of Residency Classification" after this form has been processed and you're accepted as a resident instead of international student you can take fewer than the full load of courses per semester or as much time off as you want as you no longer have to abide by the F1 regulations and also probably pay in-state fees instead of out of state. You have to speak to your adviser constantly to make sure you're in good standing with the school and not out of status.

[Luckygoat 2]

hi everybody

im a F1 holder. i have been taking my class for 3 quarters already. on my 4th quarter i decided to take a break from school- thats from dec 2009 to march 2010.

my question now, im getting married by march n going to sent out my AOS/ I495 as soon as marriage cert is on hand. will i get in trouble if i dont go back to school while my application is on process?

FYI

from east coast i move to mid west.... my fiance is here in mid west. that's y...

need ur help guys....

THANKS....

Your fine once you get married as soon as possible. But as of right now you are out of status but since your are already here you can just adjust your status from F1 to resident. I am kinda in the same situation except I got married back in december so it really didnt matter if I go back to school but I am still taking 9 credits but the lady at the office told me I had to take 12 to stay in status so I may be out of status as well but I will be sendin in my adjustment of status application sometime this week. You and your wife would need to get married as soon as possible, you dont want to stay out of status to long.

[Darkarma 2]

Regarding F1 visa, you are allowed 12 months leave which may be accumulated as going back to your country or if the F1 person wants to stay in the US must have an authorized underload. The reasons for underload can be a medical underload only. The school DSO has to approve of the medical underload and extend the I-20. I was on a medical underload for 12 months and legally in the US.

Once you have applied for AOS while being on F1 you are permitted to stay till the adjudication of your process even if you are not registered for classes that semester, or two. Most schools require your attendance by 12 months to remain a student (this is the requirement for US students).

Now if you have applied for AP and EAD through the AOS process you are no longer designated as a F1 student and the DSO updates the SEVIS/SEVP as F-1 adjusting permanent residency. You can be in the country legally without having a unlawful status. But if in the mean while you stopped going to school after your AOS and it is denied then you have accrued unlawful status, which is not true as unlawful presence as F1 students have D/S on their I-94. The unlawful presence starts after the USCIS deems and determines a date.

In general theory if you are married to a USC and even have unlawful presence, it is OK and you will be granted AOS if you can prove bonafide marriage

Disclaimer: I am not an Attorney. please use any advise at your own risk.