Am I out of status?

C

cflam0625

Registered Users (C)
Hi there, I'm a F1 student who came to the U.S on 2006/04/11. I've been going to school as full time student (12 credits). My F1 visa will be expired on 2011/02/14 and my I-20 will be expired on 2008/12/31. I went back home once every year and the last reentry was 2008/06/23 (F1 D/S). Here are my questions:

(1) I'll be getting married with a US citizen in October
(2) I decided not to go to school this term due to money issue, and want to wait until I become a local student. I asked school but they said I have to maintain my F1 visa by going to school this term until I get the document for change of status. At this point, I would like to know after this term is started (Oct 2,2008), and I do not take any class, will the school inform USCIS to come to my house and get me. I meant if I will be deported by this reason?

(3) Since my fiance has some legal document need to be done before our civil registry, we are filling out the immigration forms now. In the meantime, I'm considering to add his last name (keep my maiden name too) to our marriage certificate, do I need to change my passport to match with the legal document here? My passport was issued in Hong Kong (British National Overseas). Since I cannot go back home (Hong Kong) before I got my green card and travel approval, can I simply add his last name to the marriage certificate and I-485, I-130 and all related immigration applications?

Thanks you for all of your advices.

Daphne
 
2) If you do not enroll in school, then yes, you will be out of status and could be deported.

3) (a) You do not have to change it, (b) you can add the "married" name to the forms.
 
you will be out of status once you stop going for classes, you have maintained your legal status all this time , why would you mess it up right b4 your GC application, although what I hear you can be 6 months out of status b4 you apply for GC as a spouse and still not get in to trouble.. but you dont want to take any chances..my personal opinion
 
doctor1 said:
although what I hear you can be 6 months out of status b4 you apply for GC as a spouse and still not get in to trouble..
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So long as you legally entered the US, as an Immediate Relative you could be out of status for 100 years and it wouldn't harm your GC application. The six months you refer to relates to employment-based applicants only.
 
oh ya Canadian,, my bad.. you are right .. ..I am sure this rule abused by many.. its like a loop hole ..
 
doctor1 said:
oh ya Canadian,, my bad.. you are right .. ..I am sure this rule abused by many.. its like a loop hole ..
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Hi Doctor1, just curious: You mentioned you got your F1 on 2007/12/14 and then you got married after a month. So, did you report to school and paid for non-in-state tuition fee? When you went for AOS interview, did they ask you about the intention of getting a F1 visa. It's because my fiancé met on an online dating service (match.com) in 2005. I got my F1 visa coming here in 2006. We decided to get married this February. I don't know if we tell them during AOS interview, will it impact my application.

In addition, how much did you guy pay for the medical exam. Are all the vaccinations included since I have taken some when I was in Hong Kong.

Thanks again, all!
 
So, did you report to school and paid for non-in-state tuition fee?
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a simple fact of marrying a USC doesn't not allow you to pay in-state tuition if you are still an F-1 student. In most states you need to get a GC, then have it for a year, and only then you are eligible for in-state tuition.
 
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