F-1 Student on assistantship

[missaero 7]

All,

I'm applying for AOS this week. I'm on a valid F-1 which expires in May 2011. I'm working on my PhD (almost done!) but I wont be able to defend in January as I hoped. Because of this, I have to register for the full semester (12 credits) which also means paying tuition. My advisor plans on paying my tuition and giving me assistantship. I've read before that USCIS turns somewhat of a blind eye to F-1 on assistantship since it is what is keeping us in status in the first place.

Has anyone had experience of being on assistantship and applying for AOS? Any issues with USCIS?

[YuAndDan 153]

You adjusting status based on marriage to US Citizen? if so your status is now AOS pending, and the F-1 status should have no barriang.

Also Be aware, DO NOT attempt to leave the USA while AOS is pending, a multi-entry F-1 will NOT protect AOS pending status, the AOS will be considered abandoned, unless you filed an I-131 for AP doc, and have AP doc prior to travel abroad.

[bbutterfly 12]

Also you might want to consider this, a lot of school will let you pay an LPR rate (basically same as USC) if you have the hard copy of your 1st NOA, showing that you are adjusting your status and that the USCIS have accepted your application. While it is pending you still have to maintain 12hr credit but paying considerably less

Unfortunately some advisors are no familiar with that and might not know if it is a policy of that school. So do some research and check it out

Some school in addition to the NOA1 will require a marriage certificate or the proof or any other ground on which you are applying. Most though just trust USCIS and just want the NOA

[missaero 7]

Yes it is through marriage to a US citizen. Our immigration liason here at college said that for those doing aos they typically keep you registered in their books as an F-1 while your status is pending. They say they do this so they can still pay us assistantship. Even if they used lpr to get in state rates there us no way I could afford to finish school. It was my understanding that an assistantship was one of those grey areas which USCIS has yet to clarify

Also I am not planning on leaving the country until I have AP.

[Vuvu zela 9]

I don't think your assistantship will be scrutinized by USCIS.

Even if you fall out of status because you cannot afford college, you should be fine adjusting your status.

[missaero 7]

I don't think your assistantship will be scrutinized by USCIS.

Even if you fall out of status because you cannot afford college, you should be fine adjusting your status.

Yeah but I need to finish my PhD. I'm not going to drop out of school now. That would be stupid.