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Filed: AOS (pnd) Country: Sweden
Timeline
Posted

I have been in the U.S on a F-1 visa for almost two years now. I got married to my husband (U.S citizen) this September, and filed for AOS November 16 (ten days ago). I have not yet received a receipt. My husband is in the Marine Corps and will be stationed out of state for 8 months, and I want to move with him. That would mean that I would violate my student status, since I would not be physically present in class. I asked the International student coordinator if I could take all the classes ( I have one more semester until I graduate) online, and that way live with my husband, but she said that that will violate the regulations. She said that it was up to me if I wanted to change my status with the school from F-1 to "Permanent resident pending" and that way be able to take all the classes online, but she could not say what the consequences it would have regarding my AOS. I really don't want to risk being reported as "violating my F-1 status" since it is so close to filing my I-485, but at the same time we can't afford to live in two places anymore (we lived apart the last 6 months also due to my student status), Anyone that has been in the same situation? Any ideas?

Filed: AOS (pnd) Country: Sweden
Timeline
Posted (edited)

Kezzie: Thanks for your reply! I have heard some people say that I will get into trouble by violating my current non-immigration status, before my AOS has been processed. I am kind of "in between" right now... I hope that they might take into consideration that I did not use the student visa for marriage, since I am here foremost to study, and I will keep on studying online (w/o a F-1 visa). If I could I would happily have kept my F-1 visa, but because of circumstances with my husband in the military it is not possible. Do you think it matters that I am "violating" my student status before I have received my receipt or had my fingerprints done? I only sent my paperwork in 10 something days ago....

Edited by KaN
Filed: Timeline
Posted

If I were you I would be making an infopass appointment at my local office and discuss with an immigration officer the situation you have and get the answer from them.... but you have filed for AOS based on a marriage to a USC so your F1 status has already changed to that of Ajustment pending....

Kez

 
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