Student status during Adjustment of Status?

[ducky06 0]

What happens if a PhD student in the country on an F-1 visa applies to adjust status?

My fiance is currently a university-supported PhD student, a few months from finishing, and receives a living stipend and a hefty tuition discount.

We are thinking of getting married and adjusting status over the summer.

Can he stay enrolled as a student while adjusting status? And, is there any way he can continue to receive the stipend/tuition discount while waiting to get his EAD/AP? It seems this would probably count as "work"... Or am I wrong?

Thanks.

[NancyNguyen 1,657]

His F1 status will be ended with USCIS but his student status at school isn't changed. He can go on studying as normal.

[ducky06 0]

Thanks, Nancy. When you say he can study "as normal" can he still receive his student stipend and tuition discount?

[Mike X Man 37]

Most grad schools don't even allow you to start a pHD program w/o permanent resident or citizen status. Count yourself lucky.

[NancyNguyen 1,657]

Thanks, Nancy. When you say he can study "as normal" can he still receive his student stipend and tuition discount?

Yup nothing changes. Scholarship/ stipend/ grant is based on his studying standing not his residency. But if the scholarship is just for international students, then he might lose it. He needs to talk to scholarship/ grant dept to find out.

[Darkarma 2]

Ducky, on F-1 when one does AOS till the pending of the case his/her status is that of an adjustee. Even if the student receives TA/GA or other scholarship that is independent of the students immigration status, thus the student still is eligible for all the benefits associated. The student wont be considered 'instate' till the adjudication of the AOS. Not that it matters but thats the proceedure. According to USCIS if you apply for EAD based on AOS then for F-1 cases they loose their F-1 status only and become 'adjustees'. Being an adjustee is a valid status and maintains legal presence in the country till the adjudication process. Now if they loose their case for any reasons and AOS is denied, they cannot revert back to being on F-1 status without volunatry departure, in case they have applied for EAD. Taking the best case senario that AOS is approved for your fiancee, after procurement of physical GC, your fiancee will have to go to the visa officer in charge of SEVIS at the school and ask them to terminate the status as your fiancee is now a Permanent Resident. Same has to be done at the graduate school. Next inform the DMV (some states) and SSN office.

All F-1 students can work 20 hours on campus. All TA/GA etc are considered on campus work which wont be affected. You fiancee can also do CPT/OPT post school even as AOS is pending, just have to apply for a seperate EAD in this instance. All graduate students on TA/GA or scholarship the tuttion level falls automatically to 'instate' as long as they have it. Anyways you have to pay the fees which is the same for all students.

Thus you dont have nay problems and get happily married and enjoy.

Edited March 24, 2012 by ravi_niu

[ducky06 0]

Thanks all for the replies.

@MikeX: did not know that grad schools would hesitate to accept international PhD students on a non-immigrant visa. My boyfriend's U has a huge population of international students at the grad level - something like 45% of PhD students, most of whom I know are on F-1 status. Perhaps because it's an isolated engineering school with mid-level academics, that's kind of become their niche. And he had also already done a Master's there.

Anyway thanks again to all for the information!

[Little_My 464]

I have never heard of universities being hesitant to accept international students for PhD programs. My university - as all the other major universities in NYC - all have very strong international student bodies in both MA and PhD level programs.

Regarding the status issue, I agree with all previous posters. I filed for AOS in March 2011 from F1, and continued to finish my studies from March to May with AOS pending. It was no issue whatsoever. It is a good idea to keep your school's international student service office/IS adviser informed of the change.