Continuing to study full-time while AOS is pending?

[robertandrews2007 0]

I am an EU citizen, in my mid-20s, currently enrolled as a full-time undergraduate student at a US university on an F1 visa. I graduate in June 2008.

My fiancée and I have been together for several years, and we plan to marry in April. I have spoken to an immigration lawyer, and read as much as I can on immigration websites and message boards.

I would like to apply for permanent residence as soon as possible. I understand that my wife will begin the process by filing I-130 Petition for Alien Relative and I-864 Affidavit of Support. I will then file I-485 Application to Register Permanent Residence or Adjust Status, I-131 Application for Travel Document and I-765 Application for Employment Authorization.

After I file the I-485, I presume I am no longer in F1 visa status. Therefore, my question is fairly simple: can I continue my full-time studies while I am adjusting my status? Will I have a problem enrolling at my university in September for my final year of my undergraduate degree?

My lawyer says it's a gray area - but surely there's precedent?

Thanks for your help,

[SC & TF 1]

I am an EU citizen, in my mid-20s, currently enrolled as a full-time undergraduate student at a US university on an F1 visa. I graduate in June 2008.

My fiancée and I have been together for several years, and we plan to marry in April. I have spoken to an immigration lawyer, and read as much as I can on immigration websites and message boards.

I would like to apply for permanent residence as soon as possible. I understand that my wife will begin the process by filing I-130 Petition for Alien Relative and I-864 Affidavit of Support. I will then file I-485 Application to Register Permanent Residence or Adjust Status, I-131 Application for Travel Document and I-765 Application for Employment Authorization.

After I file the I-485, I presume I am no longer in F1 visa status. Therefore, my question is fairly simple: can I continue my full-time studies while I am adjusting my status? Will I have a problem enrolling at my university in September for my final year of my undergraduate degree?

My lawyer says it's a gray area - but surely there's precedent?

Thanks for your help,

I don't really know what the answer to your question is. But from my experience as an F1 to AOS, my advice is for you to wait and apply for AOS right after graduation. The F1 visa is issued because you have non-immigrant intent, primarily to study in the US. Before graduation, you can apply for OPT and work for a year. It might look shady if you file for AOS while you're still completing your education. This is only my two cents. I'm not an expert, and can't tell you what to do. Anyone else have any ideas?

[Dr_LHA 3]

I don't really know what the answer to your question is. But from my experience as an F1 to AOS, my advice is for you to wait and apply for AOS right after graduation. The F1 visa is issued because you have non-immigrant intent, primarily to study in the US. Before graduation, you can apply for OPT and work for a year. It might look shady if you file for AOS while you're still completing your education. This is only my two cents. I'm not an expert, and can't tell you what to do. Anyone else have any ideas?

Not sure why it would look "shady" to file for AOS while still in school? Honestly if you're getting married on an F-1, its best to file AOS as soon as possible, because otherwise you can't do any foriegn travel without the fear of being deported for immigration intent.

To the OP: The best advice is to talk to your school's international students office, and ask them if filing AOS will affect your ability to go to school, they will give you a definitive answer. I believe their answer should be: Yes, you can continue to go to school while AOS is in process.

[robertandrews2007 0]

Thanks for the quick replies.

To SC & TF, I read somewhere that it helps to leave approximately 60 days after entry to the United States before getting married and filing for AOS... various message board posts (admittedly not legally binding!) seem to indicate that's enough time to claim that there was no intent to change status upon entry.

To dr_lha, I have drafted an email to my university's international office, but I am hesitant to send it for various reasons. I'd much rather find out if there is any precedent by posting on this message board

Presumably other students using this forum have married, filed for AOS and continued to study? Or has anyone filing for AOS been told they cannot enroll because they are no longer in F1 status?

It must be a common question... surely... but I can't find anything definitive online.

Thanks!!! I really appreciate your help.

Edited March 26, 2007 by robertandrews2007

[brightsunshine 0]

Hi RobertAndrews! I'm in Boston too! Also planning to adjust from F-1.

It might look shady if you file for AOS while you're still completing your education.

I think it only looks shady if you file AOS quickly after your initial entry into the US using the F-1. If OP is graduating in 2008 I'm assuming he's been a student for more than 2 years.

To SC & TF, I read somewhere that it helps to leave approximately 60 days after entry to the United States before getting married and filing for AOS... various message board posts (admittedly not legally binding!) seem to indicate that's enough time to claim that there was no intent to change status upon entry.

That's what the lawyers I've talked to told me. One said that they may give you a hard time if the time is short, but they most likely won't deny you. In theory, they are not supposed to deny for preconceived intent if you marry a USC and if this is the only negative factor. In practice, any number of things including whether the IO is "in a bad mood", how strong your evidence for a bona fide marriage, what country you're from, etc etc can affect results.

To dr_lha, I have drafted an email to my university's international office, but I am hesitant to send it for various reasons. I'd much rather find out if there is any precedent by posting on this message board

I think it's best to talk to the counselors at your school in person. Mine have been exceedingly helpful.

Presumably other students using this forum have married, filed for AOS and continued to study? Or has anyone filing for AOS been told they cannot enroll because they are no longer in F1 status?

The counselor at my school says that until I inform them that I have adjusted to PR status, they will keep me on the SEVIS records so my F-1 status will be maintained and I can continue to register and work on campus for <20 hours a week (the usual restrictions: unexpired I-20, I-94 with D/S written on it, full course load, change SEVIS address within 10 days of moving, etc).

They said that although using the EAD or AP would invalidate the F-1 status, they are not required to report this to USCIS in any way. I think the only issue is if you apply for and use EAD or AP, and your AOS is denied, then you do not have a status to fall back to. I asked a lawyer specifically about this and he said that if you apply for AOS before your F-1 status expires, then you would also not have accrued any unlawful presence and would not be subject to any re-entry bar.

What I haven't asked and don't really know is whether there is any prohibition for someone with "AOS pending" or "advance parolee" status to enroll in colleges. This may be a school-specific thing so again best to check with your school.

[Dr_LHA 3]

To SC & TF, I read somewhere that it helps to leave approximately 60 days after entry to the United States before getting married and filing for AOS... various message board posts (admittedly not legally binding!) seem to indicate that's enough time to claim that there was no intent to change status upon entry.

Your best bet is not not leave the USA and file. If you leave the USA and return to file AOS, you are breaking the law. This "60 days" thing is an old wives tale. Maybe you'll get away with coming into the country with immigration intent on an F-1. Maybe you'll get deported. You should really not take that chance.

To dr_lha, I have drafted an email to my university's international office, but I am hesitant to send it for various reasons. I'd much rather find out if there is any precedent by posting on this message board

You should just send it. Its not like they're going to send in the ICE officers if you ask a question. What you are doing is perfectly legal, as long as you don't leave the USA and return on your F-1 with intent to file AOS.

Presumably other students using this forum have married, filed for AOS and continued to study? Or has anyone filing for AOS been told they cannot enroll because they are no longer in F1 status?

Yes, I personally know a grad student who did this no problem. I don't know the full details of their case, but they never stopped going to school after filing for AOS.

[SC & TF 1]

Really? But if you've already graduated and want to go back to school (for example, I'm thinking of applying to grad school) with AOS pending status, is it allowed?

Edited March 26, 2007 by SC & TF

[Dr_LHA 3]

Really? But if you've already graduated and want to go back to school (for example, I'm thinking of applying to grad school) with AOS pending status, is it allowed?

I believe so, but as I said above, its best to talk to the school's international office.

Think of it this way: A F-1 visa allows a student to be legally present in the USA. Once you file AOS you are also legally present in the USA. To go to school does not require any authorisation, other than you are legally present in the USA I believe (i.e. not like working which requires EAD). I can't think of any good reason why someone pending AOS cannot go to school in the USA. Of course until you have your GC, you'll most likely have to pay non-resident tuition.

[brightsunshine 0]

Really? But if you've already graduated and want to go back to school (for example, I'm thinking of applying to grad school) with AOS pending status, is it allowed?

I can't find anything that says it's against USCIS rules. Schools generally require you to be of "legal status", and I'm guessing AOS pending is included. A quick search yields the following that says an AOS applicant can be classified for in-state tuition, so enrollment shouldn't be a problem.

http://www.registrar.ufl.edu/catalogarchiv.../residency.html

There may be schools that operate differently. In any case, I can't imagine applying for admission to be a problem.

Plus, since it usually takes a few months to a year to get into a grad program anyway, you may already have had your interview/green card by the time school starts.

[SC & TF 1]

Really? But if you've already graduated and want to go back to school (for example, I'm thinking of applying to grad school) with AOS pending status, is it allowed?

I can't find anything that says it's against USCIS rules. Schools generally require you to be of "legal status", and I'm guessing AOS pending is included. A quick search yields the following that says an AOS applicant can be classified for in-state tuition, so enrollment shouldn't be a problem.

http://www.registrar.ufl.edu/catalogarchiv.../residency.html

There may be schools that operate differently. In any case, I can't imagine applying for admission to be a problem.

Plus, since it usually takes a few months to a year to get into a grad program anyway, you may already have had your interview/green card by the time school starts.

That's good to know. I'll certainly check with the schools to see if I'm eligible. I hope I get my green card by the time school starts. But I need to fill out some stuff in the applications, regarding residency, that's why I wasn't sure. Thanks.

[Killer_Clown_2009 0]

There should be no issues with attending a school while AOS is pending.

[Nancy2015 2]

You can continue to go to school while your AOS is pending.

[robertandrews2007 0]

You can continue to go to school while your AOS is pending.

Thanks. This all makes sense, and I'm confident that after speaking with my school's international office that I will be eligible to enroll for my senior year.

But here's a question that hasn't been answered: I assume I can tell the USCIS agent that I am enrolled (or intend to enroll) in university education, even though my AOS is pending... in some ways, it's not a school issue at all - it completely depends on whether the USCIS agent 'allows' me to be studying while also adjusting my status. What do you think?

Thanks!!

[Dr_LHA 3]

What exactly do you think USCIS are going to do? They won't care if you are in school, and they certainly won't/can't stop you going to school. All they really care about in an AOS case is whether your marriage is legitimate.

[robertandrews2007 0]

What exactly do you think USCIS are going to do? They won't care if you are in school, and they certainly won't/can't stop you going to school. All they really care about in an AOS case is whether your marriage is legitimate.

I haven't heard a definitive "you are allowed to continue your studies while your AOS is pending," so my concern is that USCIS would reject my application for permanent residence if they found out that I was illegally continuing my studies while the AOS was pending.