AOS from F1 visa

[Lina M. Rodriguez 0]

Hello, 

I'm just starting to learn about the AOS process and I have  some questions about it. 

Currently I am under an F1 visa (maintaining status) and I'll marry my USC fiancé next month. I know I don't get immediate status after marriage but will I still be F1 until my GC is approved? if not, will I be able to keep attending school in the mean time? Do I have to notify my school about my change of status? other question is, if my F1 visa still valid before filling for AOS will I be able to change my name (taking his last name) in my drivers license and SS before I file for AOS? 

thank you in advance for any help. 

 

 

[Coco8 1,042]

You should talk to the international office at your university/college.

 

I am not sure what happens. Your F1 might be valid until your AOS is approved. But if your F1 is invalidated by applying for AOS you won't be able to continue in school. It is a tricky situation. Since you are on F1 you can basically continue on F1 and AOS later. It is not mandatory to AOS right after you marry.

 

The office for international students should know or should be able to find out. Try to talk to your advisor and the head of the office, and double check the information. 

 

 

[azblk 338]

Unless you have some reason to think your AOS will not be successful there is no need to maintain your F-1 status. If anything your tuition will more than halve since you will not be paying the exorbitant out of state fees that international students pay.

Yes you should take your i-797 receipt notice to the school and and ask them to change your status to instate and yes you can change your name to anything you want.

[Coco8 1,042]

I'm not sure you can change your name before AOS. 

[azblk 338]

Just now, Coco8 said:

I'm not sure you can change your name before AOS. 

There is nothing that prevents anyone from changing their name. She change take her husbands last name or can change it to mickey mouse if she so wishes.

[Coco8 1,042]

13 minutes ago, azblk said:

There is nothing that prevents anyone from changing their name. She change take her husbands last name or can change it to mickey mouse if she so wishes.

Before AOS or before the green card she is not a permanent resident so she cannot change her name. She would still be Colombian and she would have one name on her passport (which would still be the main ID) and then another name on her driver's license and SSN. It will be a mess. 

[azblk 338]

1 minute ago, Coco8 said:

Before AOS or before the green card she is not a permanent resident so she cannot change her name. She would still be Colombian and she would have one name on her passport (which would still be the main ID) and then another name on her driver's license and SSN. It will be a mess. 

My point is there is nothing in the law that prevents her from changing her name. Might she end up with different names on different documents? Yes but it will happen anyway even if she waits to change it until after AOS. Her old name will stay in her Colombian passport until she gets a new passport in her married name.

[Coco8 1,042]

1 minute ago, azblk said:

My point is there is nothing in the law that prevents her from changing her name. Might she end up with different names on different documents? Yes but it will happen anyway even if she waits to change it until after AOS. Her old name will stay in her Colombian passport until she gets a new passport in her married name.

But that will depend on the Colombian law and how the process works there. In my country it is hard to change your name on the passport.

 

You are giving partial information by telling people to do whatever they want without developing the potential consequences or problems they could run into by doing that.

[azblk 338]

2 minutes ago, Coco8 said:

But that will depend on the Colombian law and how the process works there. In my country it is hard to change your name on the passport.

 

You are giving partial information by telling people to do whatever they want without developing the potential consequences or problems they could run into by doing that.

I think we are going off topic here. What happens in your country in regards to name changes is not necessarily true for people from other countries. It is perfectly legal for people to change their names for any reason. She is changing her last name to her husbands last name which is also very common world over. I truly fail to see why you think this is a big deal because it not. Search this very same forum and you will find that close to 50% of the women do it.

[xillini 71]

11 hours ago, Lina M. Rodriguez said:

Currently I am under an F1 visa (maintaining status) and I'll marry my USC fiancé next month. I know I don't get immediate status after marriage but will I still be F1 until my GC is approved?

 

Yes, you are still F1 until GC is approved as long as you maintain status, meaning that you are still required to attend the school until final decisions are made (or GC on your hand) by USCIS. 

11 hours ago, Lina M. Rodriguez said:

Do I have to notify my school about my change of status?

No you don't have requirement to update your school that you applied to AOS. Although it is recommended, it is not required and your school's office won't be able to do any meaningful procedures at all. All they can say is "Congrat to your marriage" but "we are not supposed to give you any legal advice other than non-immigrant F1 or J1 visa", and "good luck"

 

Upon successful AOS, your SEVIS will be either terminated by USCIS or your school's DSO is officially notified by USCIS to termination of your SEVIS, which doesn't mean anything but you become lawful permanent status. 

 

11 hours ago, Lina M. Rodriguez said:

other question is, if my F1 visa still valid before filling for AOS will I be able to change my name (taking his last name) in my drivers license and SS before I file for AOS? 

 

 

Yes you can. In fact, it is recommended that you update your SS and driver license, should you intend to change your last name. It is not required, though. USCIS does not give any negative impact even if you don't change your last name, following husband's name. So it is completely your choice. But I would suggest that you want to change your address as a proof that you and your future husband live together in both of your driver licenses. 

[matteo&John 25]

On 7/18/2017 at 11:45 PM, azblk said:

My point is there is nothing in the law that prevents her from changing her name. Might she end up with different names on different documents? Yes but it will happen anyway even if she waits to change it until after AOS. Her old name will stay in her Colombian passport until she gets a new passport in her married name.

I completely agree with you on this one. Changing your name in the US will not affect anything in Colombia. My husband is from Colombia and he changed his last name to mine. When traveling you just want to make sure you purchase your ticket under your Passport name (more than likely your maiden name) until you legally change it in your country. It's recommend that you carry a copy of your marriage certificate in case of confusion but most Colombians should be very aware of this process.

However, I would recommend that you seek legal advice when traveling outside of the US with a pending AOS.  It may be considered abandonment of status by failing to maintain a permanent residence in the US if you travel outside of the US once the application is submitted.

I would only think you must submit an I-131 Advance Parole with your AOS to be able to travel outside of the US.

[vamphog 25]

I am in the same situation, and when I asked couple of lawyers about maintaining the F1 status, they said I have to keep going to school and maintain it, because just in case the interview goes not so smoothly I will be out of status then. 

I notified my school about my marriage though, and they told me that as soon as I get approval of GC, I have to bring them a letter of approval and they will change my status to Resident student (that means less tiution pay, etc.)