Maintaining F-1 status during AOS

[jump78 0]

Hi everyone, this is my first post on this forum. I am currently on F-1 status and married a USC. We are planning to file for a green card via AOS. I've been a bit confused as to whether I am allowed to maintain my F-1 status while the AOS application is pending. Is this possible? Also if the AOS is denied, will I be able to keep my F-1 status, assuming I don't leave the country and seek to re-enter?

[arken 4,197]

As long as you are meeting the requirements of the f1 status (like taking required number of credits/semester, not working off campus without CPT/OPT.....), you will maintain your F-1 status and can continue to be in F1 status in case your AOS is denied. However, any future reenty to US on F1 visa might be affected due to your immigration intent.

Edited July 6, 2016 by arken

[slee0000 13]

Hi everyone, this is my first post on this forum. I am currently on F-1 status and married a USC. We are planning to file for a green card via AOS. I've been a bit confused as to whether I am allowed to maintain my F-1 status while the AOS application is pending. Is this possible? Also if the AOS is denied, will I be able to keep my F-1 status, assuming I don't leave the country and seek to re-enter?

Hi there!

I was an F1 student, but due to tuition being through the roof expensive, I decided to not register for spring semester a week before my husband and I got married. My international adviser said that as long as I showed them my I-485 approval (the notice saying that USCIS had received my AOS package), I'm all good -- pretty much, as soon as you get that notice in the mail, you no longer are F-1. You're status is "pending"

I did read somewhere that you won't be able to fall back on your F1 if your AOS is denied, but I could be wrong and the person above me could be correct. Google it up

Good luck!

Edited July 6, 2016 by slee0000

[mmsk 9]

If u can , keep ur f1 status just to be safe. Going to the interview with no states will not deny your I 485.

depends on the officer who u will meet.

They may think that u r applying to get benefits of being green card holder for educational purposes.

If this is my case, I'll try my best to keep my status .

Will they deny ur I 485 cuz u r out of stays? There is no law indicates that but u don't know how they will handle ur case.

As long as u follow the rule and nothing to hide, u will be ok