Pending I-485, SEVIS, and F1 VIsa

[F1i485 0]

My wife is here on a F1 Visa.

I am a USC.

We are looking to submit the i-130 and I-485 but trying to understand what this means to her studies.

Primarily I want to know if she can drop her F1 visa once the I-485 has been filed and we have a receipt?

Can she continue her studies as a "resident" under a pending I-485? We realize that if the I485 is denied she wouldn't be able to reapply for her F1 and that the F1 would be null/void.

Our primary goal here is to reduce her coursework load and tuition costs as she only needs a few more credits to graduate but the courses are spread out over 3 more quarters.

Her DSO seems to think that she can't be removed from SEVIS/F1 Visa until after the I-485 is approved.

Thank you

[Little_My 464]

Her F1 visa will become invalid once the AOS paperwork has been received by USCIS. She won't be under an F1 status anymore, but she is legally authorized to stay in the US while her AOS is pending until there is a formal decision on your application.

She is allowed to continue studying as normal while the AOS is pending, but the F1 restrictions regarding full-time/part-time course load, for example, won't apply to her anymore, so she can drop below full-time. However, if her AOS is denied, she would have to leave the US and re-apply for a new F1 to come back and continue her studies.

She won't be getting state resident tuition rates until she is formally a permanent resident though, and in most cases she would have to first live in the state for a period of a year or two as a resident before she qualifies for in-state tuition.

International Student Advisers are usually not fully aware of the AOS process, and the whole limbo-status F1/J1 students enter when they have a pending AOS is confusing to everyone. That's why the DSO probably isn't sure about what to do with her SEVIS. My understanding has been that an F1 student's SEVIS gets cancelled automatically once AOS paperwork has been received by USCIS, but I could be wrong. In any case, she can't really violate her F1 status in any way once her AOS is pending - because she won't have an F1 status to violate anymore.

[bigdog 377]

You got a great answer, good luck. They wanted to charge my wife 1000 for one class at a community college, FYI.

[99jjeerwerc 1]

I'm on the same boat as you. I'm an F-1 and I'm gonna file for AoS this week. As soon as I get my first notice, I'm gonna drop half of my classes.

[F1i485 0]

Thank you so much

[ceadsearc 516]

Not directly related to the immigration process, but wanted to add - check your states laws on tuition rates! We were pleasantly surprised to find out that my husband qualified for in-state rates immediately upon receiving his green card because our state has an option to claim residency through a spouse who has met residency requirements.

[ALI110 0]

Hi,

Plz help me ..........

I have filed all my forms and done with a nice interview 2 months ago. I have approved i765/i130 but they are taking some time for approving i485.

My school has told me that if i didnt register as a full time by the end of week they will terminate my sevis and i will be out of status.

I showed them that i am almost done for process and GC should b here any time but they want me to show proof now or join school ($ 1800 fees. They said they cant wait by law and there is no other way.

Please tell me if there is any way i can obtain any temporary letter from USCIS that may help me or anything else that should stop my school to terminate my sevis.

Please give me some advice.

Thanks

[NancyNguyen 1,658]

Hi,

Plz help me ..........

I have filed all my forms and done with a nice interview 2 months ago. I have approved i765/i130 but they are taking some time for approving i485.

My school has told me that if i didnt register as a full time by the end of week they will terminate my sevis and i will be out of status.

I showed them that i am almost done for process and GC should b here any time but they want me to show proof now or join school ($ 1800 fees. They said they cant wait by law and there is no other way.

Please tell me if there is any way i can obtain any temporary letter from USCIS that may help me or anything else that should stop my school to terminate my sevis.

Please give me some advice.

Thanks

No sweat, they said it wrongly. Once you apply for AOS, your F1 requirements are gone, you can take one class no biggie. And yes, you have to pay out-of-state tuition fee until you have your GC. All they want is money, nothing else. No need to prove anything.

[jaysvaton 1]

Hi, I know this is an old topic but I am on the same situation, I am an F1 visa holder, applied for AOS. School starts August 28th, Interview scheduled for September 10th.

I don't want to enroll full time (maybe just one or two classes) but my advisor is against it. I am scared of being in trouble in my interview.

Just wanted to hear a few outcome of your cases. Thanks!

My timeline:

Nov/2010 - Came to the US as an Au Pair

March/ 2011- Met my husband

Dec/2011 - Became a couple

Jul/ 2012 - Finished my time as an au pair and went back to Brasil for f1 visa.

Aug/ 2012- Came back to the states for school.

May/2013- Got married

Jun/2013- Filed for AOS

08/08/13 - Recieved notice for Interview for 10/09/2013.

[d2477 2]

That's not entirely true about having to pay out-of-state until you have your GC.. some colleges allow students to get in-state tuition rates if you can show NOA1

[71411kumar 1]

Hi, I know this is an old topic but I am on the same situation, I am an F1 visa holder, applied for AOS. School starts August 28th, Interview scheduled for September 10th.

I don't want to enroll full time (maybe just one or two classes) but my advisor is against it. I am scared of being in trouble in my interview.

Just wanted to hear a few outcome of your cases. Thanks!

My timeline:

Nov/2010 - Came to the US as an Au Pair

March/ 2011- Met my husband

Dec/2011 - Became a couple

Jul/ 2012 - Finished my time as an au pair and went back to Brasil for f1 visa.

Aug/ 2012- Came back to the states for school.

May/2013- Got married

Jun/2013- Filed for AOS

08/08/13 - Recieved notice for Interview for 10/09/2013.

Hi,

What did you do? Did you register for the classes?

Can you please post you interview experience?

Thanks!

[jaysvaton 1]

Hi,

What did you do? Did you register for the classes?

Can you please post you interview experience?

Thanks!

Hi, Kumar,

I registered for only two classes last semester and I was fine on my interview.

In PA there is a law that states that whoever has taken action to have a permanent resident status is considered a resident for School purposes. I dont know if that law applies all over the United States and/or for all schools but my comunity college had to abide by this.

Here is my interview experience:

I had a great experience, it ran very smoohtly.

We started our process on June 24th and on Sept 11th we had our interview. Everything was very quick! Even the interview was quick, and we were approved on the spot! My husband jokes that going through security took longer than the interview itself.

Our interview was scheduled for 1:45pm, Sept 11th 2013.

We tried to arrive early, but traffic and parking in Philly almost made us be late!! We got there right on time. We were nervous because of that.

We were called in for interview less than 5 minutes after we sat down.

The IO was very nice, which made us feel relaxed.

He had us take the oath and proceeded in asking us the basic questions, name, address, etc.

Then he asked me(beneficiary) the yes/no questions. He asked to see our documents, birth certificate, marriage certificate, passport, and right away took my I94. He said he had reviewed our case prior to the interview and everything looked good.

He asked if I was still enrolled in school (I came on an F-1 Visa) and I told him yes. He did say I should check with school because it seemed like I had violated the F-1 rules (I had taken my NOA1 and my advisor terminated my F-1 a few weeks before the interview so I could enroll as resident) but he said that wouldn't be a problem for my AOS.

Then he asked for our joint bank statement (he didn't ask for any other papers - we even offered but he said it wasn't necessary). After that he glanced through our albums, asked if we had met each others families and that was it. We were approved!

He explained how to remove conditions and we left!

Half an hour later I got the email of status update.

[71411kumar 1]

Hi, Kumar,

I registered for only two classes last semester and I was fine on my interview.

In PA there is a law that states that whoever has taken action to have a permanent resident status is considered a resident for School purposes. I dont know if that law applies all over the United States and/or for all schools but my comunity college had to abide by this.

Here is my interview experience:

I had a great experience, it ran very smoohtly.

We started our process on June 24th and on Sept 11th we had our interview. Everything was very quick! Even the interview was quick, and we were approved on the spot! My husband jokes that going through security took longer than the interview itself.

Our interview was scheduled for 1:45pm, Sept 11th 2013.

We tried to arrive early, but traffic and parking in Philly almost made us be late!! We got there right on time. We were nervous because of that.

We were called in for interview less than 5 minutes after we sat down.

The IO was very nice, which made us feel relaxed.

He had us take the oath and proceeded in asking us the basic questions, name, address, etc.

Then he asked me(beneficiary) the yes/no questions. He asked to see our documents, birth certificate, marriage certificate, passport, and right away took my I94. He said he had reviewed our case prior to the interview and everything looked good.

He asked if I was still enrolled in school (I came on an F-1 Visa) and I told him yes. He did say I should check with school because it seemed like I had violated the F-1 rules (I had taken my NOA1 and my advisor terminated my F-1 a few weeks before the interview so I could enroll as resident) but he said that wouldn't be a problem for my AOS.

Then he asked for our joint bank statement (he didn't ask for any other papers - we even offered but he said it wasn't necessary). After that he glanced through our albums, asked if we had met each others families and that was it. We were approved!

He explained how to remove conditions and we left!

Half an hour later I got the email of status update.

Thank you very much!

[AnotherLostSoul 167]

Ok, from our experience. When we filed for AOS through F1 the international office said we have two choices.

1. remain on F1 during AOS--> Bad side: that means international fee, full time registration. Good side: But, if AOS fails, can stay and complete your studies.

2. abandon F1 status--> Good side: no need to pay international fee, no full time registration required. Now, "residency" fee changes from university to university, you have to ask your university about that! Bad side: if AOS fails you have to fly back home immediately before they deport you!

I personally think it would be smarter to stay on F1. Seriously. It's only 3 months total to get the GC, not worth to risk and having to pack up in case AOS fails. Imho. Good luck!

[Caohime 0]

Hi, Kumar,

I registered for only two classes last semester and I was fine on my interview.

In PA there is a law that states that whoever has taken action to have a permanent resident status is considered a resident for School purposes. I dont know if that law applies all over the United States and/or for all schools but my comunity college had to abide by this.

Here is my interview experience:

I had a great experience, it ran very smoohtly.

We started our process on June 24th and on Sept 11th we had our interview. Everything was very quick! Even the interview was quick, and we were approved on the spot! My husband jokes that going through security took longer than the interview itself.

Our interview was scheduled for 1:45pm, Sept 11th 2013.

We tried to arrive early, but traffic and parking in Philly almost made us be late!! We got there right on time. We were nervous because of that.

We were called in for interview less than 5 minutes after we sat down.

The IO was very nice, which made us feel relaxed.

He had us take the oath and proceeded in asking us the basic questions, name, address, etc.

Then he asked me(beneficiary) the yes/no questions. He asked to see our documents, birth certificate, marriage certificate, passport, and right away took my I94. He said he had reviewed our case prior to the interview and everything looked good.

He asked if I was still enrolled in school (I came on an F-1 Visa) and I told him yes. He did say I should check with school because it seemed like I had violated the F-1 rules (I had taken my NOA1 and my advisor terminated my F-1 a few weeks before the interview so I could enroll as resident) but he said that wouldn't be a problem for my AOS.

Then he asked for our joint bank statement (he didn't ask for any other papers - we even offered but he said it wasn't necessary). After that he glanced through our albums, asked if we had met each others families and that was it. We were approved!

He explained how to remove conditions and we left!

Half an hour later I got the email of status update.

Thanks so much!!!

I am now in this situation --- I am taking 6 credits (instead of required 9 credits), Intl. Office at my school is really panicked about it, and I hope I am not making any mistake. If anybody has more insights about it -- it would be great if one could share. My understanding is that since I submitted for AOS in Oct, my F-1 got cancelled, I already have an EAD/AP, and now I am just waiting for an interview and then approval of green card. So is it okay to take 6 credits, instead of 9 required credits??