F1 and AOS under F2A

[bb2013]

Hello,
After receiving NOA1 of I-485 under F2A caterogy which is current for now, do i still need to maintain full time F1 student status? Marriage being bonafide and without any previous complications, doesnt NOA serve as legal status?
I had consulted with some lawyers and each person had different views. If anyone been in same situation or know the answer better, Please kindly advice me.

Thanks for your co-operation.

 

[Triple Citizen]

The NOA is proof that you are an "adjustment of status" applicant.

Hello,
After receiving NOA1 of I-485 under F2A caterogy which is current for now, do i still need to maintain full time F1 student status? Marriage being bonafide and without any previous complications, doesnt NOA serve as legal status?

 

[Jackolantern]

Hello,
After receiving NOA1 of I-485 under F2A caterogy which is current for now, do i still need to maintain full time F1 student status?

Depends on how long you've already been maintaining student status. If you haven't completed at least a year of studies, and you quit now, you could be denied for student visa fraud. The chances of such problems are high if you haven't completed even one semester.

 

[bb2013]

Thanks

Thanks for your reply

I am here as Student since 2010. I have graduated, done with my OPT and recently joined another school. My marriage is bonafide , my only concern about maintaining F1 is to get lower course load. If i do not have to comply as full time student i can take less classes.
Thanks again for your advice.

 

[Jackolantern]

My marriage is bonafide , my only concern about maintaining F1 is to get lower course load.

If you quit school too soon, that may raise suspicions mainly about whether you were a bona fide student, not so much about whether your marriage is bona fide.

Dropping to part-time won't be a problem. Just make sure you show the I-485 receipt to the International Student Office (or whatever they call it at your school) so they can remove your from SEVIS monitoring. Otherwise quitting or studying part time may raise an alert in the SEVIS system and attract the attention of ICE agents.

 

[bb2013]

Will there be any future problem ?

If you quit school too soon, that may raise suspicions mainly about whether you were a bona fide student, not so much about whether your marriage is bona fide.

Dropping to part-time won't be a problem. Just make sure you show the I-485 receipt to the International Student Office (or whatever they call it at your school) so they can remove your from SEVIS monitoring. Otherwise quitting or studying part time may raise an alert in the SEVIS system and attract the attention of ICE agents.

Thanks a lot Jackolantern, Its very helpful. So if i inform my DSO about my application and ask to withdraw SEVIS, will it create any problem with my I-485 application in future?
Thanks for your time and advice

 

[Jackolantern]

Thanks a lot Jackolantern, Its very helpful. So if i inform my DSO about my application and ask to withdraw SEVIS, will it create any problem with my I-485 application in future?

No. If there is a problem it would be for the opposite reason, because of alarms being raised in SEVIS if you quit or switch to part-time without informing the school of your AOS application. If you stop studying full time, you should let the school know that you're legitimately allowed to do that, so they or SEVIS won't think something is wrong.