Maintaining f-1 after application for PR

[vivizoka 0]

Hey everyone,

I'm currently in the US with a F-1 visa, but I just got married to an US citizen. I'm still on the process of gathering all my documents to send to the USCIS (I'll probably send them on Friday), and I have a huge doubt about what happens to my F-1 and what are my requirements after I file my petition.

I called USCIS and asked if I will still be on my F-1 status after I file and receive the NOA back, and they did confirm that I will not be on my F-1 anymore, but I'll be a PR petitioner. My school, however, is saying that I will still be F-1 and that I need to maintain my full-time student status until I get my PR.

I moved out of the county where my school is located at, so going to school this semester has been a hassle. I'm going and doing well, but I really would like to transfer to a new school near by. That's when all the discussion begun. The new school said I'd be able to transfer my credits and apply as a resident, but my current school says that I need to transfer the I-20 (which I really don't want to because I'm not with my sponsors anymore).

My question is: has anyone on a F-1 visa applied for a PR and stopped school while waiting for their decision? From what I understand, it will not be a big deal if I do because my F-1 status will be "canceled," but since people from school has been talking a lot of things about it, I want to consult other people and hear their experience. I had friends who did that and said they had no problem whatsoever.

Anyone can help me?

Thank you,

Viviane

[Harpa Timsah 13,258]

You can quit school if you want. While your petition is pending, you are legally present but have no status per se, except status pending. If you quit school, you will stop your F-1 visa, but once you get your GC you will not need F-1 status anymore to go to school. Good luck

[vivizoka 0]

There is no reason why it would because the marriage is legit, but let's pretend the worst happens; what if for some reason they deny my petition? What happens to me since I didn't maintain my status while waiting? Do they ask in the interview why you quit?

Sorry, I just need some advice. Should I quit? I'm kinda broke and I do not want to continue having to drive 1h30m twice a week :/

Thanks!

[ania83 0]

There is no reason why it would because the marriage is legit, but let's pretend the worst happens; what if for some reason they deny my petition? What happens to me since I didn't maintain my status while waiting? Do they ask in the interview why you quit?

Sorry, I just need some advice. Should I quit? I'm kinda broke and I do not want to continue having to drive 1h30m twice a week :/

Thanks!

Hi there,

I feel your pain. I am currently on F1 too and just got married two weeks ago. I'm almost done with assembling my I-485 and I-130 packages and I'm going to send it by the end of this week. I was planning on quitting school now and going back after I get my GC but my lawyer advised me to stay in school for now. At least until I get noticed about my interview for Green Card. I'm also applying for the travel document I-131 so for that to be approved it is critical to stay in status.

Good luck!

[Harpa Timsah 13,258]

Your lawyer is mistaken. It is not critical to stay in status to get an I-131 approved. (In fact, plenty of people with years of overstay get approved for the AP even though if they used it they would trigger a 10-year ban because of their overstay). Also, getting the notice to appear for an interview for a green card doesn't give you any status or guarantee that you will have a GC soon (you could be denied or get called in for a second interview months later). OP, you will be in status the whole time, just transitioning from one status to the other. You are right, it is slightly risky... if you got denied then you would have to leave. However, the process to deny you would involve a couple of interviews and likely appeals etc etc. If your marriage is real then you shouldn't be worried about getting denied. Current processing times are about 3-4 months total. Do what feels right to you.

[Nartaki 7]

Once you send in your AOS package to USCIS, you receive an Alien Number (immigrant status) and this automatically invalidates your F1 status (non immigrant status). Also approval of the I765 and I131 do not depend if you are in status or not.

Vivizoka: seems like your school doesnt want to lose your tuition money so they are giving you bad advice. If you want to quit, you can. USCIS will not question your motives in quitting school.

You can quit school once your AOS processing starts.

[vivizoka 0]

Thanks!

If anyone else has more things to add, I'd appreciate it!