F-1 TO AOS

[chimichanga 3]

I am an F-1 student and just married my USC wife. We are about to apply for the AOS based on marriage. I am in status as F-1 student, never broke any laws. Still continuing my status until I get my AOS GC. Hypothetically, if the AOS is denied, will I also lose my F-1 status, even if I continue to follow the F-1 laws?

Also we are having joint sponsors. My USC wife's best friend for 15 years. Her friend files married jointly with her husband. What forms do they need to provide for being joint sponsors?(The primary form will be filled by my wife's friend)

Edited March 11, 2014 by joshuacheung8

[Mela17 36]

Yes you would lose your f1 status if your aos is denied. do you have concerns about this? your wifes friends need most recent tax returns and to fill out the i 864 form same as your wife, declaring themselves as joint sponsors.

[chimichanga 3]

Yes you would lose your f1 status if your aos is denied. do you have concerns about this? your wifes friends need most recent tax returns and to fill out the i 864 form same as your wife, declaring themselves as joint sponsors.

yes, because if it is denied, I still would like to continue my studies! Do we also need an I-864 A since my wife's friend files joint taxes with her husband?

[Mela17 36]

Well i'm guessing since you have already been admitted into the US and you haven't broken any laws then it is unlikely that you will be denied. is that your only concern? i don't see where there is an i-864A only an i-864 your wifes friend checks box for 1d saying she is joint sponsor however i'm not sure if her husband also has to fill out the form.

[chimichanga 3]

Well i'm guessing since you have already been admitted into the US and you haven't broken any laws then it is unlikely that you will be denied. is that your only concern? i don't see where there is an i-864A only an i-864 your wifes friend checks box for 1d saying she is joint sponsor however i'm not sure if her husband also has to fill out the form.

Thank you! Yes that is my only concern. But its all nerves.......so what would be the documents that would go with the I-864? Another thing. My wife's friend is a stay at home mom, her husband is the who is working. They file taxes jointly. My wife's friend is filing an I-864 with my wife. That's why I was curious that if my wife's friend's husband has to file either an I-864 or an I-864A.Also, will my wife have to provide her tax receipts/transcripts? She hasn't earned much in 2013 but she has some assets like retirement etc.

Edited March 11, 2014 by joshuacheung8

[Mela17 36]

If your wifes friends husband is the one who is working i would recommend that he fill out the form. on the tax return you can see that the w-2 (yearly wages form) belongs to him. but again i'm not sure. it's my first year filing jointly with my husband and I make less than him so it could be that our income also belongs to me being that it's joint. but if i were you i would feel better to have the money maker fill out the form.

[chimichanga 3]

If your wifes friends husband is the one who is working i would recommend that he fill out the form. on the tax return you can see that the w-2 (yearly wages form) belongs to him. but again i'm not sure. it's my first year filing jointly with my husband and I make less than him so it could be that our income also belongs to me being that it's joint. but if i were you i would feel better to have the money maker fill out the form.

ok, in worst case scenario, if my I-20 is still valid, does that mean I will be able to continue classes?

[AnotherLostSoul 167]

Well, I wrote this many times to others who were asking the same question. I'll do it again. So, you want to go to your international office, and tell them that you're going to file for AOS for GC but like you to maintain your F1 status in the meantime. At least, that's what we were told to do. So that's what we did. They said this way your SEVIS is not terminated.

Good side of this: If AOS fails, you can stay and continue your studies as a full time F1 student until your program runs (or get kicked out of school- whichever comes first).

Bad side of this: you'll have to pay full international tuition even when your AOS is pending as you'll still be a full F1 student, and you'll have to be registered as a full time student.

Now, you decide what you want to do. If you abandon your F1 status, and let your international office to terminate your SEVIS then you don't have to register for any classes, or pay any tuition fees, however, if AOS fails you'll have 60 days of grace period to pack up and exit the country with USCIS standing by the door waiting for it to be closed.

All the best!

[chimichanga 3]

Well, I wrote this many times to others who were asking the same question. I'll do it again. So, you want to go to your international office, and tell them that you're going to file for AOS for GC but like you to maintain your F1 status in the meantime. At least, that's what we were told to do. So that's what we did. They said this way your SEVIS is not terminated.

Good side of this: If AOS fails, you can stay and continue your studies as a full time F1 student until your program runs (or get kicked out of school- whichever comes first).

Bad side of this: you'll have to pay full international tuition even when your AOS is pending as you'll still be a full F1 student, and you'll have to be registered as a full time student.

Now, you decide what you want to do. If you abandon your F1 status, and let your international office to terminate your SEVIS then you don't have to register for any classes, or pay any tuition fees, however, if AOS fails you'll have 60 days of grace period to pack up and exit the country with USCIS standing by the door waiting for it to be closed.

All the best!

Thank you so much! I did ask my DSO and they said the same thing. However many people on these forums and the internet say that even if you maintain your F-1 and Sevis, you pretty much lose your F-1 if AOS doesnt works....

[AnotherLostSoul 167]

I know, many people not saying this correctly!!!!!!!!!!!! Go with what I said, not because I said it, but because that's what your DSO (or whoever) told you also. This is how the law is. They won't terminate your SEVIS than you are an F1 student no matter what. Termination of SEVIS that makes you lose your F1 status, whether that is due to not registering, whether going back to your country for longer than 6 months etc. But they cannot terminate your status just because you filed for AOS. Filing for AOS is a process...and it has a result. Either approved, in which upon you go back to your international office and show your GC that they'll make a copy of it, and will then terminate your SEVIS justifying why they are terminating it ("adjusted status to that of permanent resident") and attach a proof of it, which the copy of your GC. Or, they won't terminate it because your AOS failed, hence you DID NOT ADJUST STATUS. So you remain as an F1. Just make sure you keep them in the picture and make sure you pretend you're still F1, not working off campus, registering as a full time student, paying international fee (if you're paying) for tuition etc.

Good luck!

Thank you so much! I did ask my DSO and they said the same thing. However many people on these forums and the internet say that even if you maintain your F-1 and Sevis, you pretty much lose your F-1 if AOS doesnt works....

[engineer21 51]

I am an F-1 student and just married my USC wife. We are about to apply for the AOS based on marriage. I am in status as F-1 student, never broke any laws. Still continuing my status until I get my AOS GC. Hypothetically, if the AOS is denied, will I also lose my F-1 status, even if I continue to follow the F-1 laws?

Also we are having joint sponsors. My USC wife's best friend for 15 years. Her friend files married jointly with her husband. What forms do they need to provide for being joint sponsors?(The primary form will be filled by my wife's friend)

wife fills out i-864

wife's friend fills out separate i-864

wife's friend's husband fills out i-864a as friend's household member

(this is the recommendation i've seen for cases where the co-sponsor filed taxes jointly)

Dont forget supporting documentation: tax transcript (safest to send past 3 years), recent paystubs, letters from employer verifying annual income.

Good luck!

[chimichanga 3]

wife fills out i-864

wife's friend fills out separate i-864

wife's friend's husband fills out i-864a as friend's household member

(this is the recommendation i've seen for cases where the co-sponsor filed taxes jointly)

Dont forget supporting documentation: tax transcript (safest to send past 3 years), recent paystubs, letters from employer verifying annual income.

Good luck!

Thank You! Question. The wife's friend's husband is the primary earner in their household.

So Should the Primary earner(who makes more than the required Poverty level requirements) file the I-864? And her friend the I-864?

Thank You!

[Franciscus 32]

Thank You! Question. The wife's friend's husband is the primary earner in their household.

So Should the Primary earner(who makes more than the required Poverty level requirements) file the I-864? And her friend the I-864?

Thank You!

USC spouse files 864 as main sponsor, even if zero income

joint sponsor files 864

if income from joint sponsor is not enough, spouse of joint sponsor files 864A to add income.

864A filer might have more or less income than 864 joint sponsor filer, not a problem