If my F1 visa expires during AOS

[Jscoope 0]

Sorry to post this, I feel like this question MUST have been answered somewhere before but I can't find anything about it anywhere. I found some info regarding H-1 visas but not F-1.

So my question is this; I am an F-1 student, married to USC, we filed the I-485 and I-130 and all the required doc's and forms almost 2 weeks ago. The package was received in Chicago on Tuesday March 30th 2010. I haven't received any notifications yet, but the UPS signature tracker showed it arrived and was signed for in Chicago on that date. My F-1 visa expires June 1st 2010. Will this have any effect on my status? Or am now classified as something else sense we have a pending AOS? I am currently still in school, but this will be my last semester even though I am not graduating. I will likely be waiting for my green card to go through before going back to a different school to finish my studies. Whether or not that matters, I don't know. I would just like to know if the expiring F-1 means anything or if the AOS nullifies it/places me in a different status.

again, thanks for the help.

[Nartaki 7]

Once you apply for AOS your F1 status is no longer valid, however you want to continue to go to school and be enrolled in school as much as possible while you are adjusting. I know some people who stopped going to school once they applied for AOS and this was looked very poorly on the adjustee with questions of intent arising. I am in the same position as you as my F1 visa expires next month as well but I will finish the semester.

Since you sent off your forms, just wait for your NOA1s. Once you receive those your status changes from F1 to Pending AOS. Once you get your greencard, then you can stop going to school and do whatever.

[Jscoope 0]

Cool, that's basically what I wanted to know. If my status changes from a "visiting student" or whatever to something else.

As far as being looked badly upon, ive been in the US for 4 years, my last entry date was about 10 months ago. I'm confident our marriage is obviously legit enough for them to see.

Problem is, we are moving to Denver in August (from NY), I want to transfer to a school there but I've spoken to their international student advisor and essentially I can't attend until I get a green card (because I will be leaving the country in July, providing I get an approved advance parole in time, meaning my F-1 would be out of status). So my only real option is not to go to school until the GC arrives, at which point I can "transfer" as an out-of-state student. If I could continue, I would. But my current school requires people in my major to maintain a B average, mine is below, thus I am being "dismissed" at the end of this semester. If I wasn't leaving the country, then I could transfer to the school in Denver. I dunno, it's a whole lot of catch 22's.

[alex and astrid 38]

Cool, that's basically what I wanted to know. If my status changes from a "visiting student" or whatever to something else.

As far as being looked badly upon, ive been in the US for 4 years, my last entry date was about 10 months ago. I'm confident our marriage is obviously legit enough for them to see.

Problem is, we are moving to Denver in August (from NY), I want to transfer to a school there but I've spoken to their international student advisor and essentially I can't attend until I get a green card (because I will be leaving the country in July, providing I get an approved advance parole in time, meaning my F-1 would be out of status). So my only real option is not to go to school until the GC arrives, at which point I can "transfer" as an out-of-state student. If I could continue, I would. But my current school requires people in my major to maintain a B average, mine is below, thus I am being "dismissed" at the end of this semester. If I wasn't leaving the country, then I could transfer to the school in Denver. I dunno, it's a whole lot of catch 22's.

I think you might just need to cop it on the chin and take a semester off. Or, don't speak to the international advisor at the new school, because you will not be an F1 anymore. Just speak to their admissions department and they should be able to assist you. And I wouldn't be worried about not being in school...you are finishing out the semester, it's not like you are just dropping the in the middle of everything.

I was previously an F1 student in California, and got my AA last June. I headed back home to get my K1, but my F1 was voided because I graduated, not because I left. When I go back to school, I will be as a resident, because I am waiting for a year before my California residency kicks in. It sucks that we have to wait it out, but in my opinion, paying out of state tuition sucks more. At least having a semester ogg gives you a chance to gets some money saved up, get settled and have some time with your wife without school getting in the way.

[Jscoope 0]

Yeh taking the semester off doesn't bother me. As long as I can work, I just don't want to sit around unable to do anything. I don't mind paying out-of-state fee's for the first year either, it's still half of my international fee's hahaha. I just gotta wait it out, i was really hoping i would at least have my NOA's by now but hopefully next week, i guess its only been 8 business days.

I actually just got off the phone with mum and dad and they suggested I find out about transferring back home to finish school since Australian school dont start til Jan, I should safely have my AP by then. As long as I can get my wife a work visa or something. I'd prefer not to do all that but I've gotta think of my options.

thanks for the input and good luck

[alex and astrid 38]

Yeh taking the semester off doesn't bother me. As long as I can work, I just don't want to sit around unable to do anything. I don't mind paying out-of-state fee's for the first year either, it's still half of my international fee's hahaha. I just gotta wait it out, i was really hoping i would at least have my NOA's by now but hopefully next week, i guess its only been 8 business days.

I actually just got off the phone with mum and dad and they suggested I find out about transferring back home to finish school since Australian school dont start til Jan, I should safely have my AP by then. As long as I can get my wife a work visa or something. I'd prefer not to do all that but I've gotta think of my options.

thanks for the input and good luck

Ugh, out of state fees at the school I was at are only about $40 less a unit! Though I have my AA, I still need to go back and do three or four classes to get all my transfer stuff done.

I really would not try and transfer back to Australia. I know it is tempting with AP, but remember, you may be called up for an AOS interview. Paying for a last minute airfare back to the US would suck. Plus, unless your wife works in a highly specialized field, she probably won't get a work visa. It probably will just be easier to stay put here and wait it out.

Edited April 10, 2010 by alex and astrid

[laf66 0]

Sorry to post this, I feel like this question MUST have been answered somewhere before but I can't find anything about it anywhere. I found some info regarding H-1 visas but not F-1.

So my question is this; I am an F-1 student, married to USC, we filed the I-485 and I-130 and all the required doc's and forms almost 2 weeks ago. The package was received in Chicago on Tuesday March 30th 2010. I haven't received any notifications yet, but the UPS signature tracker showed it arrived and was signed for in Chicago on that date. My F-1 visa expires June 1st 2010. Will this have any effect on my status? Or am now classified as something else sense we have a pending AOS? I am currently still in school, but this will be my last semester even though I am not graduating. I will likely be waiting for my green card to go through before going back to a different school to finish my studies. Whether or not that matters, I don't know. I would just like to know if the expiring F-1 means anything or if the AOS nullifies it/places me in a different status.

again, thanks for the help.

Hey,

It seems like your questions have been answered but I just wanted to keep up to date with your AOS progress because I also sent my forms on March 29th to Chicago (arrived March 30th) and I'm also adjusting from an F-1 visa which is about to expire when I graduate with my PhD this summer! My I-130 and I-485 checks were cashed 2 days ago and when I checked online (https://egov.uscis.gov/cris/Dashboard.do) the only form that shows up as under "initial review" is I-765. You can find your receipt number on the back of the cashed checks.

[Nartaki 7]

I never realized that you could check the receipt numbers without the NOAs...I guess I will look at the back of my cashed checks to find the number

Edited April 10, 2010 by Nartaki

[Jscoope 0]

Hey,

It seems like your questions have been answered but I just wanted to keep up to date with your AOS progress because I also sent my forms on March 29th to Chicago (arrived March 30th) and I'm also adjusting from an F-1 visa which is about to expire when I graduate with my PhD this summer! My I-130 and I-485 checks were cashed 2 days ago and when I checked online (https://egov.uscis.gov/cris/Dashboard.do) the only form that shows up as under "initial review" is I-765. You can find your receipt number on the back of the cashed checks.

I actually sent bank checks rather than personal checks/money order, and for whatever reason they don't show up as checks waiting to be cashed but instead it just shows up as the bank withdrawing money. So as soon as the check's were written the money was taken out of my account and I have no way of knowing when USCIS actually cashed them, or if they have even been cashed yet.

I never realized that you could check the receipt numbers without the NOAs...I guess I will look at the back of my cashed checks to find the number

I'm glad to see your stuff was signed for by "Chiba"! So was mine!