Jump to content
leahy

Maintaining F1 status while AOS pending

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

 Share

42 posts in this topic

Recommended Posts

leahy Newbie

leahy   0

Posted
Timeline
Posted

Good evening everyone!

 

I've been lurking this forum but this is my first post. Thanks to everyone for all the insightful advice. I hope you guys can help me as well. 

 

I'm currently on F1 status and recently married to a USC. We filed concurrently I-130 and I-485 and I just finished my biometrics on 2/5. However, because of financial hardship, I need to take temporary leave of absence from school. I'm aware that by doing so, I won't be able to maintain my F1 status. 

 

What I've gathered in my research is that while the AOS application pending, I don't need to maintain the F1 status in order to stay in the US. Is this still true? I'm a bit nervous about this because there seems to be so much talk in the Congress about immigration and I'm not sure if there's any recent change. 

 

Thanks everyone for your help!

  • Replies 41
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

azblk
azblk

That is incorrect. You only lose you status if you drop out of school, reduce your course load to below the minimum or utilize a benefit of AOS like working on your EAD or leaving with advance parole.

Jojo92122
Jojo92122

The USCIS office gave you the wrong information or you misunderstood it. 1.  Filing for AOS does not void your F-1 status.   2.  Filling for AOS allows you to be in the US legally, so you do

SamSam85
SamSam85

Two points: 1- when you say "An abandoned AOS is treated as frivolous", you mean ALWAYS regardless of the underlying reason? 2- Even if unlawful presence was retroactive, that is very differ

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Your F-1 status will no longer be valid, but your authorized stay from a pending AOS application would still be in effect, so you won't be deported just for being within the US.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Baconsoda Rookie

Baconsoda   5

Posted
Filed: F-1 Visa Country: Australia
 Timeline
Posted

I spoke with lawyer recommended from here and they told me that 1. When you apply for aos, it automatically changes your status from f1. So I would have to notify my school.

2. She said if you are married to U.S citizen it is fine to leave / drop out all together or to change schools as I really don't like the university I am at right now... 

3. I am as worried as you are but I would go ahead and drop if you have already filed or find a more affordable school like I am doing ... 

 

Good luck feel free to pm me :)

 

leahy Newbie

leahy   0

Posted
Timeline
  • Author
Posted
10 hours ago, geowrian said:

Your F-1 status will no longer be valid, but your authorized stay from a pending AOS application would still be in effect, so you won't be deported just for being within the US.

Thank you for the insight!

leahy Newbie

leahy   0

Posted
Timeline
  • Author
Posted
10 hours ago, Baconsoda said:

I spoke with lawyer recommended from here and they told me that 1. When you apply for aos, it automatically changes your status from f1. So I would have to notify my school.

2. She said if you are married to U.S citizen it is fine to leave / drop out all together or to change schools as I really don't like the university I am at right now... 

3. I am as worried as you are but I would go ahead and drop if you have already filed or find a more affordable school like I am doing ... 

 

Good luck feel free to pm me :)

 

Thank you for sharing! 

ttaz Rookie

ttaz   2

Posted
Filed: F-1 Visa Country: Japan
 Timeline
Posted

send your I- 485 receipt from USCIS to your school International office.

They will change your SEVIS record to AOS pending status. (authorized early withdraw)

 

You may be qualified to receive in-state tuition since you are no-longer F1 student. (Every state is different about in-state tuition requirement. So check with International office) 

 

I have done this to save tuition and dealing with international office etc..

azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
On 2/8/2018 at 1:16 AM, Baconsoda said:

 1. When you apply for aos, it automatically changes your status from f1. So I would have to notify my school.

 

 

That is incorrect. You only lose you status if you drop out of school, reduce your course load to below the minimum or utilize a benefit of AOS like working on your EAD or leaving with advance parole.

Back to the OPs question, you do not need to maintain F-1 status as long as you are sure nothing will go wrong with your AOS. Some people maintain f-1 status through AOS as a backup in case something like a divorce happens before process is complete.

Anda Rookie

Anda   1

Posted
Filed: F-1 Visa Country: Romania
 Timeline
Posted
On 2/7/2018 at 11:02 PM, leahy said:

Good evening everyone!

 

I've been lurking this forum but this is my first post. Thanks to everyone for all the insightful advice. I hope you guys can help me as well. 

 

I'm currently on F1 status and recently married to a USC. We filed concurrently I-130 and I-485 and I just finished my biometrics on 2/5. However, because of financial hardship, I need to take temporary leave of absence from school. I'm aware that by doing so, I won't be able to maintain my F1 status. 

 

What I've gathered in my research is that while the AOS application pending, I don't need to maintain the F1 status in order to stay in the US. Is this still true? I'm a bit nervous about this because there seems to be so much talk in the Congress about immigration and I'm not sure if there's any recent change. 

 

Thanks everyone for your help!

Did you also send I 130a along with the other forms? 

  • 2 months later...
Britinstl Explorer

Britinstl   47

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted
On 5/11/2018 at 7:34 PM, SamSam85 said:

Do you guys think the new change in USCIS policy today will impact those also w/ pending AOS?

What's the new policy? Link?

02/14/18 - Married :wub: 

03/02/18 - AOS Sent 

04/02/18 - Biometrics appointment @ Field Office

04/16/18 - Courtesy letter received re: Medical

07/17/18 - EAD card in production, AP approved

07/21/18  - Combo card in hand

10/18/18 - GC Interview  (Approved on the spot)

Sachin tendulkar Newbie

Sachin tendulkar   0

Posted
Filed: F-1 Visa Country: India
 Timeline
Posted
17 hours ago, azblk said:

https://www.uscis.gov/news/news-releases/uscis-changing-policy-accrued-unlawful-presence-nonimmigrant-students-and-exchange-visitors

 

17 hours ago, azblk said:

https://www.uscis.gov/news/news-releases/uscis-changing-policy-accrued-unlawful-presence-nonimmigrant-students-and-exchange-visitors

What is that all about ?

Britinstl Explorer

Britinstl   47

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted
17 hours ago, azblk said:

https://www.uscis.gov/news/news-releases/uscis-changing-policy-accrued-unlawful-presence-nonimmigrant-students-and-exchange-visitors

So F1 students who fall out of status from that date start accruing unlawful presence.... BUT, if they're AOS via marriage to a US citizen, the same benefits apply, such as overstay forgiven due to being a spouse of a US citizen, can AOS, etc?

02/14/18 - Married :wub: 

03/02/18 - AOS Sent 

04/02/18 - Biometrics appointment @ Field Office

04/16/18 - Courtesy letter received re: Medical

07/17/18 - EAD card in production, AP approved

07/21/18  - Combo card in hand

10/18/18 - GC Interview  (Approved on the spot)

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 hour ago, Britinstl said:

So F1 students who fall out of status from that date start accruing unlawful presence.... BUT, if they're AOS via marriage to a US citizen, the same benefits apply, such as overstay forgiven due to being a spouse of a US citizen, can AOS, etc?

An overstay (or more precisely, unlawful presence) is not ignored except in limited cases, such as being an immediate relative (spouse, parent, under-21 child) of a USC.

 

Another important aspect is that properly filing for AOS grants a period of authorized stay, and therefore you aren't accruing unlawful presence while waiting for them to make a decision on your case. So even those who are not exempt from the overstay bar would be fine if they file for AOS (and are qualified for it) before having accrued any unlawful presence.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...