From F1 visa to AOS - Tuiton

[jaysvaton 1]

Hello everyone, I searched in the forums for a similar case but haven't found anything, so I decided to open this thread. Hope it's in the right place.

Ok, so I came to the States last year on an F1 visa. In May this year my boyfriend and I got married, and we filed for AOS on June 25. I received my Interview notice for September 10th . The thing is, my classes start August 28th and I not sure in what status I am in now and what tuiton I would be paying. My advisor is not very clear on that.

I also was wondering if I could postpone school for one semester, so that way I would pay resident's tuiton, instead of the abusive international tuiton (we want to save because we are planning a big wedding cerimony next spring with my family and we don't want to spend it all on school...).

Has anyone been in this situation? Would I be in trouble with immigration if I dont attend school this semester??

Thanks!

Janet

[Miri & Chris 0]

I was in a very similar situation as you.

Here is what I know:

A) My school tuition wouldn't drop to the resident rate until a year (!!) after I received permanent resident status. This was in New York. I don't know how the state handles this where you are. So even taking a semester off may not help you as you have to proof that you have been a legal resident at your state for at least 12 months. (Again, check where you are: your school should be able to give you clear information on how they handle the tuition rates, it could be different for you as it was for me. Ask the bursar's office what you need to qualify for resident tuition fees.)

B) I was in the same boat as you. I did not want spend money on school when it could be used elsewhere, however, I was afraid it would mess with me getting accepted for the green card. Our lawyer at the time told us that, by not enrolling, you would technically fall out of status. However, if your interview is within a reasonable amount of time, they often times just forgive that. Your interview is very soon and if your college was anything like mine, your international student advisor, won't have to report that you didn't sign up for classes until the very end of enrollment/dropping classes. You could try to wait it out since your interview date is very close to the time of the beginning of classes. I got my acceptance letter for my green card very shortly after the interview BUT it can take some time and your advisor will have to report you for not signing up. That's just their job.

So it's really up to you.

I ended up signing up for classes because my interview date wasn't until the end of April and that's practically the entire semester. Even though my lawyer reassured me that they would forgive the short period of falling out of status, I personally didn't feel comfortable with it.

All the best for you!

[jaysvaton 1]

Thank you very much!

I guess I will take my chances and not enroll instead of paying almost $ 6000 for this semester,

My advisor did say that I would be elegilble for in-county tuiton after i've been living in the county for a year, but I am not living in the same county as my school so I wouldn't get that anyways... oh well... Thanks again!

[aaron2020 11,651]

Hello everyone, I searched in the forums for a similar case but haven't found anything, so I decided to open this thread. Hope it's in the right place.

Ok, so I came to the States last year on an F1 visa. In May this year my boyfriend and I got married, and we filed for AOS on June 25. I received my Interview notice for September 10th . The thing is, my classes start August 28th and I not sure in what status I am in now and what tuiton I would be paying. My advisor is not very clear on that.

I also was wondering if I could postpone school for one semester, so that way I would pay resident's tuiton, instead of the abusive international tuiton (we want to save because we are planning a big wedding cerimony next spring with my family and we don't want to spend it all on school...).

Has anyone been in this situation? Would I be in trouble with immigration if I dont attend school this semester??

Thanks!

Janet

You are an F-1 student visa holder until you get a green card.

While the AOS is pending, you are in a protected period.

You can quit school, but it puts you out of status. The AOS protection is still valid. As long as you get your green card, you will be fine.

Tuition is school specific. Depends on several factors; public vs private school, state laws in tuitions, residency of a spouse, etc.

Ask if you qualify for in-state tuition based on marriage to a US citizen with more than 1 year of state residency. This is possible at some schools.

[jaysvaton 1]

Thank you aaron2020. I know my college has a one year residency policy.

My fear is to be asked why I dropped school after getting married and having questions about my intent.

I decided to drop bellow full time (I will be taking one or two classes) because first of all it's very expensive and we need to save. Secondly because I am unsure if my major is the right one for me. I just don't know if that might sound badly to an immigration officer.

[jan22 3,056]

Please recognize that you are taking a risk by not enrolling in school. You have probably been admitted for "duration of status" (something like D/S on you I-94) -- that means you are in status as long as you are in enrolled in school. You have, based on that, filed for an "adjustment" of status.....if you fall out of status, be definition there is no status to adjust. A friend of mine (granted, a small sample of one!) had her AOS denied because she was out of status so there was nothing to adjust from. She had to leave the US immediately -- and all of her time from the last time she was in status until she left became unlawful presence. That resulted in a 3-year ban (I think only 3 since it was less than a year of being out of status) and that delayed a lot of things for her. Don't say this to scare you -- just something to think about, so you can consider all of the issues. Good luck!

[jaysvaton 1]

Jan22, what you said makes a lot of sense, but I will be out of status for only a few days... I read somewhere on this website that in cases like that, overstaying is forgiven. Does anybody know if that is true?

I am freaking out about this right now!

[jan22 3,056]

Jan22, what you said makes a lot of sense, but I will be out of status for only a few days... I read somewhere on this website that in cases like that, overstaying is forgiven. Does anybody know if that is true?

I am freaking out about this right now!

Unfortunately, as near as I can tell, it totally depends on the person who gets the petition for review. I think most of the time they ultimately get approved (from what I have heard from various people), sometimes after delays in processing. Hopefully, that will be the case with yours....fingers crossed! (I didn't want to freak you out -- just wanted you to be sure and look at all factors).

[jaysvaton 1]

No problem, jan22. I was already freaking out because my advisor said the same thing... But at the same time a lot of people here on VJ say that it will not be a problem. I am going to contact a lawyer... Thanks!