Will my F-1 Student visa be cancelled when I file for a Green Card?

[mperea 0]

Hi,

I'm getting married to a U.S. citizen at the end of this month (March 2016) and filing for Adjustment of Status right after. My question here is...I am still going to school, graduating on December 2016. And I'm currently working under a CPT permit until April 15th. Would that CPT permit an my visa get cancelled? Am I still going to be able to work until April 15th and still go to school after I sent all the forms to adjust my status?

Thanks!!

[akihon 129]

FIRST OF ALL, LET ME MAKE IT CLEAR THAT A VISA IS ONLY FOR YOU TO ENTER THE COUNTRY. THAT'S IT. NOTHING ELSE.

Okay, with that out of the way, let's look at your question. Considering the fact that the CPT hinges on your F-1 status, your AOS will most likely render it invalid. Being married, however, doesn't invalidate your F-1 status until you AOS.

You will still be able to attend school, of course, but you will have to update your status with the university and a change in fees may occur.

[AnotherLostSoul 167]

So as a student who gone through exactly what you want to do OP here is what we did. I went to the international office who handles international students and scholars at my university. I asked them do I need to do anything if I was going to file for AOS upon marriage to a US citizen. They said two choices what I can do:

1. don't quit school, do everything as before, a full time international F1 student. Bad side: you cannot do anything, just what you have done in the past as an F1 student. If you are paying international student fees, you have to pay those until the day your AOS is approved and your GC is in your hands. Similarly, you cannot work off campus (unless you get your EAD) just as before and so on. Good side: if for some reason AOS process fails, you can stay and remain in the US as an F-1 student until you study, or your CPT is valid and extended by your employer/PI/professor.

2. quit school saying you are in the process of AOS. Bad side: If AOS fails, you have a 30 day grace period in which you pack up and go back to Mexico. Good side: you don't have to pay international tuition fee which can be really pricey for those students who have to pay that.

So, I did the first one. I decided it carries less risk...plus, I did not have to pay ever tuition, so financially this was not an issue for me. AOS was smooth and easy. The whole process took 3 months. So hopefully this helps, and I wish you the very best! Congratulations by the way!