Marriage and valid F-1

[ttmm002000]

I am a student holding a valid F-1 visa, I got married with a citizen and sent my application last year. I am going to divorce right now. I check my status online. I found out that the local office are processing the I485 case which dated after my receipt notice day. It means they already processed my I485 application. I don't know if I can still keep my F-1 if I withdraw my application. Is that too late? If they sent me the interview notice, can I still withdraw it with keeping valid F-1? I am still a fulltime student in school. I also worked 3 month illegally without EAD after my marriage. I got paychecks from a company. Will that be a problem to keep my F-1? Will INS find out that? I am worrying. Thanks a lot.

[usnycus]

I strongly advice you to see a good lawyer. Your case is very complicated or say chances of getting complicated are very high.

[ttmm002000]

I wnt to see many lawyer, they gave me totally different answers. I don't know who I should trust. Do you know any specialist in this field? Thanks

[usnycus]

In that case let me try.

Originally Posted by ttmm002000

I am a student holding a valid F-1 visa, I got married with a citizen and sent my application last year. I am going to divorce right now. I check my status online. I found out that the local office are processing the I485 case which dated after my receipt notice day.

It means they already processed my I485 application.
No one can answer that..Not even USCIS.

I don't know if I can still keep my F-1 if I withdraw my application.
Your F1 status is no longer valid.

Is that too late?
You currently staying in US as AOS (pending I-485).

If they sent me the interview notice, can I still withdraw it with keeping valid F-1?
Check response to previous two questions.

I am still a fulltime student in school. I also worked 3 month illegally without EAD after my marriage. I got paychecks from a company. Will that be a problem to keep my F-1? Will INS find out that? I am worrying. Thanks a lot.
If they find out un-authorized employement, it's a big problem. Don't mention if they USCIS fails to notice that.

[ttmm002000]

Is there any way I can finish my school? Can I apply for a new F-1? Or in this case lawer helps?

[GeorgeF]

Originally Posted by ttmm002000

Is there any way I can finish my school? Can I apply for a new F-1? Or in this case lawer helps?

Don't say anything to anyone and you should be able to finish your school (they are teachers, not INS agents). However, you will most likely fall out of status with very limited options to "re-gain" it.

[usnycus]

See Inline......

Originally Posted by ttmm002000

Is there any way I can finish my school?
Yes you can. As long as you have pending I-485 you are in status and can study.

Can I apply for a new F-1? Or in this case lawer helps?
Yes you can apply but I doubt that it will be approved by USCIS. You have shown permanent immigrant intent by filling I-485.

[ttmm002000]

I plan to transfer to another school next year. Will I have problem if I try to get new I-20 from that school? Will they find out my situation and reject me?

[usnycus]

I can't answer that. Few years back, when I was on student visa things were different. With changed rule & SEVIS in action, it's hard to predict.

BTW, you don't need to get I-20 as you have pending I-485. You can study in US based on your pending I-485.

[ttmm002000]

I will get divorce soon. But my wife say she can wait to the end of the year, then I can get my renewed I-20. ( Sometimes she is nice)But I might have a chance to get in one of the best Universities next year. I am wondering when I try to transfer, they will find out my status. Don't know is there any solution? The new semester comes soon, I need to decide if I should pay the outstate tuition to keep my so called F-1 status.

[ttmm002000]

There is another thing I forget. I haven't got my EAD approved. I am using the second temorary one. I didn't apply for AP. Is that related to my situation?

[LucyMO]

My international center told all F-1 students that they should maintain F1 status by enrolling full time, and not working on AOS EAD or travelling with AP --- just in case AOS does not happen. Because then they could still fall back on their valid F-1 status. But only if they maintained it the entire time.

If I were you, I'd wait and not go through with the divorce yet. If it has been 2 years since you got married, you will get a permanent GC.