F-1 Threatened, want AoS

[WEBCStudent 1]

Here is my situation:

I legally entered the US from my home country of Canada in Jul 2010, under a valid F-1 Visa w/ a 4-year I-20.

Digression: My school was able to issue this I-20 because of it's authorization to do so by Immigration. However, now, due to what I presume are new regulations, the school has been demanded to meet certain criteria to maintain their ability to issue I-20s. We meet all of these requirements, except being able to produce letters written by other accredited schools that admit that they accepted our students and honoured our credits. Several schools have, but for whatever reason, they will not right these letters.

Now, due to the school's inability to produce these letters, their authorization number that allows them to issue I-20s has been revoked. This leads me to my first two questions:

1. Am I now "Out of Status", even though I am still enrolled and active in the school?

2. Is there a grace period that allows me to begin the "Adjustment of Status"?

I have been engaged to my USC fiancée for little over 3 months, and we've been in an active romantic relationship for 18 months (+ 3 days at the time of this letter). We were originally planning on getting married next June (June 7th, 2014) involving a big ceremony in my home church in Baton Rouge, LA, but because of this situation, we are considering doing whatever we can to get married within the next few weeks. We are prepared to do this, but the timing is a little awkward (which doesn't matter due to necessity).

The reason it is awkward is because we are both in college in 2 separate states. She is in MO and I am in LA. We have not lived together yet, and if we get married in a few weeks, we STILL won't be living together (though she will be moving to LA to live with me after her nursing program completes). This leads me to my next two questions:

3. Can I adjust my status from my F-1 / "Possible out-of-status F-1" outside of marriage?

4. If (#3) is not possible, what (all) will I need to do to adjust my status according to marriage?

My main question, to whoever feels confident that they have enough information for me:

5. Describe to me, in as much detail as possible, what I will need to do to remain in the US.

Additional info:

I should add that I am working on-campus a P/T job (F/T while school is on break, out for summer, etc.). This job (Computer programming/Video Editing) is not related to my field of study (Theology), and so a work visa seems improbable, though my employer is highly interested in doing whatever they can to keep me.

I plan on remaining in the US and raising a family while I continue to work where I am working, and even hope to be eventually teaching in the College (I am in Seminary, working towards Master's Certificate in Theology).

[Harpa Timsah 13,258]

What college is this that it is not accredited?

You are also working illegally, I hope you know that.

You can file for AOS based on marriage to your fiance. There are guides up top for that.

Not living together is a problem, but it can be overcome with solid evidence of a bona fide marriage.

[WEBCStudent 1]

The college is World Evangelism Bible College and Seminary in Baton Rouge, LA. Short of the written recognition of schools wanting to associate themselves with us, we meet all eligibility requirements for accreditation (so close, yet so far )

You are incorrect in saying that I am working illegally. According to Immigration officers themselves and the provisions of my I-94, I am authorized under the guidelines of the I-20 to work on-campus as long as I work 20 hrs/week or less. If I work more than that, the excess hours must become work-study.

Filing for AOS seems to be the way to go... just need to know if I can do that before marriage, or if we need to rush the marriage up in a way that will not allow many family members/friends/colleagues/etc to attend (again, we are willing to if necessary)

We have many photos, text messages (I've kept every single text message/email/etc since we met) airplane tickets, witnesses, family members, etc. that could easily back up our bona fide relationship.

[WEBCStudent 1]

P.S. Please excuse the "write" ("right") typo in the original post, and any others I may have missed!

[Harpa Timsah 13,258]

If you don't have a visa anymore then your work permission is void. But it doesn't matter.

You can only file AOS when you are married.

You could also transfer to an accredited school and keep the timeline you want.

Edited October 2, 2013 by Harpa Timsah

[WEBCStudent 1]

Well that's one of my questions... I don't know if my Visa is now invalid or not.

[mngoalie 10]

Well that's one of my questions... I don't know if my Visa is now invalid or not.

First off, if you don't have a valid I-20, which it sounds like you don't, your work authroization is no longer applicable and you are working illegally. The school and you could get into serious trouble..

Right now, you're out of status until you get your F-1 moved to another school, which would, more than likely, require leaving the country and re-applying for one. I'd go the marriage route and do an AoS. Many others have done it in situations when they weren't living together and things did work out.

[WEBCStudent 1]

Am I allowed to stay in the US during this process?

[mngoalie 10]

Am I allowed to stay in the US during this process?

During an AOS, yes. I'm currently doing that with my husband. We married and he was here on an F1. We're now in process for a GC.

[Darnell 8,479]

I not read of any 'findings' or discussions with yer school's DSO.

IMO, a DSO is supposed to handle this stuff for you.

Now, if yer posting because of prior conversations with the DSO, I can understand your position, but

If the school lost it's accredidation (sp?) with the student visa program (which it sounds like thats the case) then I suggest to you , you should find a different school that DOES have accredidation, and go forth.

However, it sucks that it's mid-semester and you have to do stuff. If'n I was in yer boots, I'd get married on a weekend, get the marriage certificate in hand, then file the AOS, listing both addresses in a cover letter.

[WEBCStudent 1]

Just as an update, my wife and I had moved up our wedding date from June to Oct 07, and we are now married I have since filed an adjustment of status and concurrent I-130, and we'll wait and see what happens!

[WEBCStudent 1]

Another update We have already done our initial interview, and the Interviewing Officer indicated that we should have my Green Card within 30 days!

[Ben10 2]

Another update We have already done our initial interview, and the Interviewing Officer indicated that we should have my Green Card within 30 days!

Congrats. Please share your interview story with us.

Thank you.

[Harpa Timsah 13,258]

Congrats! Thanks for the update.

[WEBCStudent 1]

The interview went very smoothly. I brought all the required documents and evidences, and the officer was very professional and informative. He gave us excellent advice! It included a 3-hour drive (well worth it), and the wait time was only about 15 minutes. The interview itself lasted about 10-15 mins, and we left comforted and smiling. I gathered this as very important: Look them in the eye, and answer everything honestly, even if it seems incriminating. Trust me! My AOS was lacking a bit, since I had only ever owned the short-form of my Birth Certificate. He just gave me an "Additional Documentation Required Form" with easy instructions, ordered my long-form, sent it in with the letter, and I was told the Green Card (if all is accepted) should arrive within 30 days. If it does, the entire process from filing the I-130, I-864, I-765 and I-485 to Green Card would only be 5 months. I should also mention that I received the EAD (Work Document) less than 2 months ago!

Thumbs up to Uncle Sam, and all Glory to God!