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jacobschiff

How will USCIA know if in status?

By jacobschiff in Adjustment of Status from Work, Student, & Tourist Visas

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jacobschiff Apprentice

jacobschiff   0

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My husband came on an F1 visa and he is still in Status and attends classes at his university. We will be filing for AOS soon. How do we show if he is still in status? Usually people have expired I-20's with a future date on it.

Does USCIS contact the university to check? Do we need to send something? Or it has to do something with SEVIS? Sorry I don't have much knowledge

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newacct Experienced

newacct   688

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If he's in F1 status, he should have a valid I-20 covering the current time. Also, you would provide all his past I-20s to prove that he has been in status the whole time.

If you are a US citizen and your husband is adjusting status as your spouse, he doesn't need to show that he's in status.

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jacobschiff Apprentice

jacobschiff   0

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If he's in F1 status, he should have a valid I-20 covering the current time. Also, you would provide all his past I-20s to prove that he has been in status the whole time.

If you are a US citizen and your husband is adjusting status as your spouse, he doesn't need to show that he's in status.

I am a US citizen and my husband is an F-1 student in status.

I am confused. Does he need to send his I-20 or not? When we file AOS, will he need to inform his university of the filing or will USCIS notify the university themselves? Also, what will happen to his F-1 status? Will he still be considered an F-1 student if he continues his classes?

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newacct Experienced

newacct   688

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I am a US citizen and my husband is an F-1 student in status.

I am confused. Does he need to send his I-20 or not? When we file AOS, will he need to inform his university of the filing or will USCIS notify the university themselves? Also, what will happen to his F-1 status? Will he still be considered an F-1 student if he continues his classes?

He must have a valid current I-20 if you claim he is in status. He can send that one. If he doesn't send it, it will still be okay but it doesn't hurt to send it.

You don't need to notify anybody; USCIS does not need to notify anybody either. He will still be in F-1 status for as long as he complies with its terms (i.e. don't drop out of school, or take employment outside of school and outside of OPT/CPT), and before he gets his green card. However, even if he does violate his F-1 status, he can still stay in the US because he has a pending AOS.

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mymarriagejourney Community Regular

mymarriagejourney   113

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Filed: Citizen (apr) Country: Jordan
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As soon as you file for AOS, he enters a new period of legal status. You will receive NOAs (Notice of Action) within days of filing and those are proof of legal status.

Edited by mymarriagejourney

07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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jacobschiff Apprentice

jacobschiff   0

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As soon as you file for AOS, he enters a new period of legal status. You will receive NOAs (Notice of Action) within days of filing and those are proof of legal status.

Thanks! Not to sound too nosy but I read your interview experience. When they took your husbands I-94 because he was "not studying". How did they know that he wasn't studying?

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