Need Help

[Cherie26 0]

Hi Everyone ,

I have a question . I ( F1 student ) filed with my husband my Adjustment of Status several weeks ago .I will finish my semester this year , but I'm planning

on taking a break for the following semester due to moving to my husband . Meanwhile my status is pending do I have to continue to

maintain my F1 status ? ? ? Because I got very confused , when I have spoken to my counselor, who said that I have to maintain my status no matter what until I

receive my residency card. Is that true ? Also I have spoken to the USCIS who told me the same thing !!

Can anybody give me a proper answer to this topic ? ?

[Oksana & Max 94]

Hi Everyone ,

I have a question . I ( F1 student ) filed with my husband my Adjustment of Status several weeks ago .I will finish my semester this year , but I'm planning

on taking a break for the following semester due to moving to my husband . Meanwhile my status is pending do I have to continue to

maintain my F1 status ? ? ? Because I got very confused , when I have spoken to my counselor, who said that I have to maintain my status no matter what until I

receive my residency card. Is that true ? Also I have spoken to the USCIS who told me the same thing !!

Can anybody give me a proper answer to this topic ? ?

You just answered the question your self. If USCIS told you, you have to do what they told you.

[Harpa Timsah 13,258]

No, you do not. You are now in a NEW period of authorized stay based on a pending I-485. The people suggest that you maintain status in case something in your case goes awry, so you do not lose your F-1 status, but I would think a failed AOS case would make renewing the F1 pretty difficult anyway. What will most likely happen is that you will get your GC in a few months and all will be well. Good luck!

[pacificleye 4]

No, you do not. You are now in a NEW period of authorized stay based on a pending I-485. The people suggest that you maintain status in case something in your case goes awry, so you do not lose your F-1 status, but I would think a failed AOS case would make renewing the F1 pretty difficult anyway. What will most likely happen is that you will get your GC in a few months and all will be well. Good luck!

I did not maintain my F1 status while AOS neither. And I was not even asked about my current status at the interview.

If you can stay F1 go ahead, but really it is at your own discretion. And yes of course USCIS is going to tell you to maintain your status, they cannot tell you otherwise. School adviser same. But I had numerous friends who AOS while out of status and they did just fine.

[Little_My 464]

Agree with Harpa. Right now, you are no longer under F1 status since you have filed for AOS. You are authorized to be in the US until you have a final decision on your GC application, whether or not you "maintain your F1 status". You will not be violating your current status by dropping out of school or dropping below full-time. However, as Harpa pointed out, should something go wrong with the AOS, you won't have a F1 to go back to. I'm actually not 100% sure what would happen in a case where an F1 who filed for AOS was denied, but had complied with the F1 requirements during the AOS period. Somehow I doubt that they'd be able to just stay in the US under the F1 after an AOS denial, since F1 is a non-immigrant visa.

In any case, feel free to take a semester off. If your AOS gets denied, you'll need to figure out the next step for you two - but if it's a straight forward F1 to LPR adjustment with no major red flags, you should be just fine.

Also, btw, you should post in the AOS from tourist, student and work visa forum. You'll get more responses there from people who are doing or have done the same process as you.

[bigdog 377]

As an F1 who applied for AOS, you should receive a I797, this allows you to stay while everything is pending. You are considered allowed here by the US attorney General.