Dear all,
I'm an F1 student married to a USC, and I just applied for AOS through the DORA program in Dallas. I've looked for previous threads related to my question, but was unable to find definitive information, so please, please bear with me.
I recently told the immigration specialist at my school about my USCIS interview and she asked to see the I-551 stamp in my passport. Maybe it's because I didn't submit a Form I-765 with the rest of my I-485 package, but the USCIS officer put no such stamp in my passport. At the interview I was simply told I would soon get a receipt number and a date for my FP appointment in the mail, and then I could apply for my EAD if I should so choose. Now my school official is saying she will have to discontinue my stipend and benefits because she believes I've fallen out of F1 status. She talked to an attorney (one who does not specialize in family-based applicants that are also F1 students) and she was told I was no longer in F1 status and therefore had no work authorization and therefore could no longer be on the payroll. But my stipend actually comes from a non-service grant. Technically speaking, it's not compensation for work. It doesn't get reported on a W2, and it has no connection to wages received in return for services. It's simply a scholarship meant to help out with living expenses while I pursue my studies. In any event, the school official advised me to speak to an immigration attorney, which I did. He said applying for AOS does not invalidate my F1 status, but if I applied for a renewal F1 visa, or tried re-entering the US on my current visa, I would probably be rejected because I had already shown intent to immigrate. He said otherwise my current F1 status should continue uninterrupted. (He gave the example of two former F1 clients who had married USCs, applied for AOS, gotten divorced, withdrawn their AOS applications, and continued on as F1 students without interruption.)
Meanwhile, the school official did some further research of her own and concluded that this is a gray area. She found conflicting statements from the government on the subject and decided there was enough evidence to suggest I could keep getting paid. Even so, to me the situation and her decision seem tentative at best. (She's still expecting to hear from a third attorney whose opinion she trusts.) I read in one thread from October 2006 that this is indeed a gray zone, and there's no clear policy on the subject, but the "mainstream opinion" is in favor of letting students in my situation hold on to their F1 benefits.
Could anyone please tell me if this is indeed the case? If so, how can I convince her that this is in fact the mainstream opinion and tip the scales in my favor? Losing my stipend and benefits, even for three months (assuming that's really how long it takes to get my GC), would be an absolute, unadulterated disaster. I had no idea I could be getting myself in this sort of trouble when I applied. I would greatly appreciate any and every feedback you may have.
Thank you in advance for your time and your help.
I'm an F1 student married to a USC, and I just applied for AOS through the DORA program in Dallas. I've looked for previous threads related to my question, but was unable to find definitive information, so please, please bear with me.
I recently told the immigration specialist at my school about my USCIS interview and she asked to see the I-551 stamp in my passport. Maybe it's because I didn't submit a Form I-765 with the rest of my I-485 package, but the USCIS officer put no such stamp in my passport. At the interview I was simply told I would soon get a receipt number and a date for my FP appointment in the mail, and then I could apply for my EAD if I should so choose. Now my school official is saying she will have to discontinue my stipend and benefits because she believes I've fallen out of F1 status. She talked to an attorney (one who does not specialize in family-based applicants that are also F1 students) and she was told I was no longer in F1 status and therefore had no work authorization and therefore could no longer be on the payroll. But my stipend actually comes from a non-service grant. Technically speaking, it's not compensation for work. It doesn't get reported on a W2, and it has no connection to wages received in return for services. It's simply a scholarship meant to help out with living expenses while I pursue my studies. In any event, the school official advised me to speak to an immigration attorney, which I did. He said applying for AOS does not invalidate my F1 status, but if I applied for a renewal F1 visa, or tried re-entering the US on my current visa, I would probably be rejected because I had already shown intent to immigrate. He said otherwise my current F1 status should continue uninterrupted. (He gave the example of two former F1 clients who had married USCs, applied for AOS, gotten divorced, withdrawn their AOS applications, and continued on as F1 students without interruption.)
Meanwhile, the school official did some further research of her own and concluded that this is a gray area. She found conflicting statements from the government on the subject and decided there was enough evidence to suggest I could keep getting paid. Even so, to me the situation and her decision seem tentative at best. (She's still expecting to hear from a third attorney whose opinion she trusts.) I read in one thread from October 2006 that this is indeed a gray zone, and there's no clear policy on the subject, but the "mainstream opinion" is in favor of letting students in my situation hold on to their F1 benefits.
Could anyone please tell me if this is indeed the case? If so, how can I convince her that this is in fact the mainstream opinion and tip the scales in my favor? Losing my stipend and benefits, even for three months (assuming that's really how long it takes to get my GC), would be an absolute, unadulterated disaster. I had no idea I could be getting myself in this sort of trouble when I applied. I would greatly appreciate any and every feedback you may have.
Thank you in advance for your time and your help.
