Pending AOS question about F-1

[daniel046 4]

Hey

So, I have a complicated question.

 

I am married to US Citizen, and applied for AOS and just received my EAD yesterday. Now my question is I do not want to lose my F1 so I am thinking about not using my ead. However, while filing out AOS it asked for "Have you ever worked without Authorization?" and I said yes since I have. So, my question is let's say if my I-485 were to get denied will I still lose my F-1 since I said yes to that question? even if I keep my F-1 active?

 

Thanks

[JeanneAdil 6,505]

if your study (the college) allowed work , then you're ok

as for the F1 ???

you are applying for AOS to get green card / why would u need F1?

 

u probably now satisfy the state requirement to pay tuition as a state resident and quit paying the foreign student high tuition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[arken 4,197]

If your i485 is denied, your likelihood of someone cancelling ur F1 status after reading your unauthorized work on i485 is almost zero. However, it could impact any future non immigrant visas. So best to make sire your i485 goes well.

[Boiler 45,516]

I can see it is possible if somewhat unlikely

[Rocio0010 5,579]

1 hour ago, JeanneAdil said:

if your study (the college) allowed work , then you're ok

as for the F1 ???

you are applying for AOS to get green card / why would u need F1?

 

u probably now satisfy the state requirement to pay tuition as a state resident and quit paying the foreign student high tuition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I think OP worked out of campus 

[JeanneAdil 6,505]

12 hours ago, Rocio0010 said:

I think OP worked out of campus 

some colleges allow work off campus and he probably would not have gotten the EAD if his work was not allowed

[Boiler 45,516]

EAD was obtained through Marriage application

[Redro 4,611]

11 minutes ago, JeanneAdil said:

some colleges allow work off campus and he probably would not have gotten the EAD if his work was not allowed

OP mentioned they worked without authorization though... before obtaining EAD. 

Edited May 8, 2022 by ROK2USA

[JeanneAdil 6,505]

Just now, ROK2USA said:

OP mentioned they worked without authorization though... 

then he worked illegally and should not have gotten EAD 

I know USCIS excuses it when the person marries a USC but they need to make the rules stand or no one will follow them

[Redro 4,611]

3 minutes ago, JeanneAdil said:

then he worked illegally and should not have gotten EAD 

I know USCIS excuses it when the person marries a USC but they need to make the rules stand or no one will follow them

OP married a USC though... EAD was obtained via I485 and I130... what rules do they need to follow? 

[Rocio0010 5,579]

6 minutes ago, JeanneAdil said:

then he worked illegally and should not have gotten EAD 

I know USCIS excuses it when the person marries a USC but they need to make the rules stand or no one will follow them

OP worked without authorization, so no CPT or OPT. Whether we like it or not, unauthorized work is forgiven for spouses of usc. I doubt this will impact F1 status

[JeanneAdil 6,505]

3 minutes ago, ROK2USA said:

OP married a USC though... EAD was obtained via I485 and I130... what rules do they need to follow? 

the rules under the F1

 

 

[JeanneAdil 6,505]

2 minutes ago, Rocio0010 said:

OP worked without authorization, so no CPT or OPT. Whether we like it or not, unauthorized work is forgiven for spouses of usc. I doubt this will impact F1 status

My thoughts are why keep the F1 which defines him as a foreign student

when now married to USC and has spent enough time in the school (college) to qualify for state  residency tuition status which is a lot cheaper 

[Boiler 45,516]

Just now, JeanneAdil said:

My thoughts are why keep the F1 which defines him as a foreign student

when now married to USC and has spent enough time in the school (college) to qualify for state  residency tuition status which is a lot cheaper 

I have seen quite a few cases where the Marriage did not work out and that would mean no status to fall back on.

[Rocio0010 5,579]

10 minutes ago, JeanneAdil said:

My thoughts are why keep the F1 which defines him as a foreign student

when now married to USC and has spent enough time in the school (college) to qualify for state  residency tuition status which is a lot cheaper 

For F1 students it’s highly advisable to keep the F1 status until green card approval in case case gets denied or marriage doesn’t work. Been there, done that (but my marriage did work)

You gotta use all the “freebies” immigration gives you!