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daveyjoe!

F-1 Student Visa, quitting school once married before filing AOS?

By daveyjoe! in Introducing our Members

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daveyjoe! Contributor

daveyjoe!   5

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Hello!

I am an American citizen (born and raised) about to marry my Italian fiancé, living here in the U.S.A. on an F-1 Student Visa.

Is it ok if once we marry that he quits school and we very soon after file the Adjustment of Status for his Greencard?

Not sure what is recommended...

Thank you!

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Hello!

I am an American citizen (born and raised) about to marry my Italian fiancé, living here in the U.S.A. on an F-1 Student Visa.

Is it ok if once we marry that he quits school and we very soon after file the Adjustment of Status for his Greencard?

Not sure what is recommended...

Thank you!

Real life. Probably fine to let his legal status lapse briefly.

Risk. Without his F1 status and no AOS, he could be in trouble for being out of status. The risk is small IMHO, but it's your choice to take it or not. I would not take the risk if I could avoid it.

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Merrytooth Mentor

Merrytooth   5,748

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IMHO, I will maintain F1 status till AOS is filed and green card in hand.

Who knows if life will go south after marriage, US petitioner puts off the AOS/I-864 and threaten to deport the out of status beneficiary home.

Done with K1, AOS and ROC

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daveyjoe! Contributor

daveyjoe!   5

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I guess I'm confused where the risk lies? Is it with the Immigration office looking at our AOS application and potentially denying us for lapsing or is it somewhere else?

@Merrytooth, as the US Petitioner I would definitely not follow through on submitting the AOS so that fear is non-existent for me.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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I guess I'm confused where the risk lies? Is it with the Immigration office looking at our AOS application and potentially denying us for lapsing or is it somewhere else?

@Merrytooth, as the US Petitioner I would definitely not follow through on submitting the AOS so that fear is non-existent for me.

The risk is that he will be out-of-status. What's the legal document that allows him to be here legally when he stops being an F-1 student and is waiting to file AOS? The risk is that he could be treated like any other person here illegally during that time. Edited by aaron2020
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newacct Experienced

newacct   688

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I guess I'm confused where the risk lies? Is it with the Immigration office looking at our AOS application and potentially denying us for lapsing or is it somewhere else?

No, they will not deny it. It is irrelevant to the AOS.

The "risk" is what if he gets in trouble with the law during the time he is out of status, and they start removal proceedings against him? The risk is incredibly small, and even if it happens it's still possible to file AOS with the immigrant judge in removal proceedings.

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Pitaya Grand Master

Pitaya   2,577

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Filed: Lift. Cond. (apr) Country: China
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Welcome to the forum.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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TBoneTX Grand Master

TBoneTX   45,329

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Filed: Citizen (apr) Country: Ecuador
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Welcome to VJ.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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daveyjoe! Contributor

daveyjoe!   5

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His classes have been paid for up until the 15th.

After this date he would be required to put down another semester's deposit and those funds we don't have so easily. Instead we would rather put such an amount of money towards the (inevitable) AOS process.

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