Do I need to mantain F1 status while waiting for a GC?

D

ddelalca

Registered Users (C)
I married a USC on April this year at that time I was on an F1 student visa. I just received my EAD and AP on the mail. My classes start on August 28 but payment is due August 8. I do not intend to take classes this semester because money is a little tight (the semester cost is $7k). My international student advisor said I MUST maintain F1 status until I receive my GC, this means I have to pay for the upcoming semester. My advisor suggested I pay my tuition and then drop the classes on September 7 in order to get a refund. However, I am not sure I will be getting my GC by September 7 and I don't have the $7k. Please help


5/10/11- Application sent (I-130, I-485/I-864EZ/I-693, I-765 and I-131)
5/11/11 Day 0- Application recd
5/17/11 Day 6- Checks cashed
5/20/11 Day 9 - NOAs Received
5/26/1 Day 15 - ASC Appointment Notice
7/06/11 - EAD & AP Card production approved/ordered
7/16/11 - EAD & AP Card received in mail
XX-XXX-11 Interview Letter
XX-XXX-11 Interview Date
XX-XXX-XX Green Card Received
 
You do NOT have to maintain F1 status. It is just better overall for you and your interview if you do. Hypothetically if your green card application were denied on some technicality, you could be allowed to finish your education provided it was not denied based on fraud reasons. However $7k is a lot of money.

I would advise you do NOT travel until the conclusion of the process, although I see you have gotten Advance Parole.
 
How long have you already studied? If you only did 1 semester (or less), you could have a big problem at the interview if you quit school.

You should take the I-485 receipt to the school and ask them to record that you've filed for AOS and remove you from the SEVIS monitoring.
 
Jackolantern said:
How long have you already studied? If you only did 1 semester (or less), you could have a big problem at the interview if you quit school.

You should take the I-485 receipt to the school and ask them to record that you've filed for AOS and remove you from the SEVIS monitoring.
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so jack if i am already approved for GC. do i have to go to school and let them know abt it or just leave it like that coz i already have diff status now..
 
Hi everybody this is what my international student advisor is saying now. Anyone knows what to do? I really don't have $7k.

Hello Daniel,
I consulted the case with other School Officials in other schools and after our phone conversation today, I want to summarize on this e-mail my advise as your international student advisor.
1. Since you did not have your interview with Homeland Security yet, and have not been officially approved for a new status, you are still an F-1 student and you should maintain your status by being enrolled full time for the Fall semester.
2. I reviewed your SEVIS record today, and you are still an F-1 student, any change or adjustment was updated in the database. Unfortunately, I can't change your status as your lawyer suggests because Homeland Security is the only one who can do that.
3 I recommend you to maintain your status until you have your interview, so you don't have reasons against you to be approved.In fact you don't want to be out of status at any time or you won't be able to apply for any other status in the future. At this point since you feel it is not necessary and you feel comfortable with your lawyer's advise, it is your decision and under your own risk and responsibility to continue or quit your classes. Please make sure to notify me on writing of your decision.

Feel free to contact me if you have more questions and I wish you good luck.
 
Jackolantern said:
How long have you already studied? If you only did 1 semester (or less), you could have a big problem at the interview if you quit school.

You should take the I-485 receipt to the school and ask them to record that you've filed for AOS and remove you from the SEVIS monitoring.
Click to expand...

Thanks Jackolantern. I finished my undergrad in the U.S with an F1 visa (4 years) left the country for one year and came back for my grad. After my second semester I got married to a USC. My advisor has told me that bringing the I-485 to their attention wouldn't make any difference because USCIS is the only one who can make changes in SEVIS.
 
ananga73 said:
You do NOT have to maintain F1 status. It is just better overall for you and your interview if you do. Hypothetically if your green card application were denied on some technicality, you could be allowed to finish your education provided it was not denied based on fraud reasons. However $7k is a lot of money.

I would advise you do NOT travel until the conclusion of the process, although I see you have gotten Advance Parole.
Click to expand...

Thanks ananga73 :)
 
Hello Everyone
I am in almost same situation
only the difference is I am taking my last class for graduation on august
I applied for my status change on july and there is no hope of getting green card within the 60 days period after completing the classes that is within october.
and as I have already applied for employment authorization I can not apply for OPT
I am very confused about what to do.
should I drop my last class now and take it on fall or continue as planned.
Currently I am under a scholarship that allows me to pay instate tuition but if I take class on fall 2011 I have to pay out of state tuition as my scholarship hasn't renew for new academic year. Please give me suggestion.
 
Andypaul said:
so jack if i am already approved for GC. do i have to go to school and let them know abt it or just leave it like that coz i already have diff status now..
Click to expand...

If you were attending school with F1 status and have not graduated, you should let the school's international student advisor know that you have a GC now.
 
ddelalca said:
Thanks Jackolantern. I finished my undergrad in the U.S with an F1 visa (4 years) left the country for one year and came back for my grad. After my second semester I got married to a USC.
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Good. That's enough to show that you were a bona fide student. If you only attended classes for one semester or less, they could think that you were using the F1 visa as a false pretense to get into the US.

My advisor has told me that bringing the I-485 to their attention wouldn't make any difference because USCIS is the only one who can make changes in SEVIS.
Click to expand...

You have an ill-informed advisor. First they say you must keep F1 status until your GC is approved, now they say they can't do anything to report your I-485. Both points are wrong. Many others on this forum have had the school update SEVIS regarding their I-485. Perhaps only USCIS can directly remove you from SEVIS monitoring, but the school is still responsible for updating SEVIS with relevant information about you, including whether you're attending classes and whether you have changed or lost F1 status.

Anyway, you can't force them to update SEVIS, so you just have to hope that SEVIS won't set off an alert that triggers ICE to show up at your door, like with this guy: http://forums.immigration.com/showthread.php?326101
 
yra114 said:
Hello Everyone
I am in almost same situation
only the difference is I am taking my last class for graduation on august
I applied for my status change on july and there is no hope of getting green card within the 60 days period after completing the classes that is within october.
and as I have already applied for employment authorization I can not apply for OPT
I am very confused about what to do.
should I drop my last class now and take it on fall or continue as planned.
Currently I am under a scholarship that allows me to pay instate tuition but if I take class on fall 2011 I have to pay out of state tuition as my scholarship hasn't renew for new academic year. Please give me suggestion.
Click to expand...

The state probably won't allow you to pay the in-state tuition rate until you've lived in the state for a year with a green card, or at least a year since filing the I-485, since they don't count time in F1 status towards the one-year residence requirement. Which means if you would have to wait until at least July 2012 to qualify for the in-state tuition rate. Are you willing to stop classes for a whole year in order to pay the lower rate?
 
Actually it probably depends on the state and it might be different for graduate students than for undergrads. When I got my green card in Pennsylvania I went to update my status (it was February) and they immediately put me as in-state (i was a grad student). Did not really affect me since I was on a scholarship, but the department got a portion of the tuition reimbursed.
 
Thanks Jackolantern
I will not definitely wait a whole year to get the lower tuition lol
my question was what will be my visa status for the period after completing my classes and receiving green card?
there will be almost a minimum of two months gap
Is there any chance I will be consider as out of status?
 
Once you have properly filed an I-485, you won't be considered out of status while it is pending. You are allowed to stay in the US (and study if you want) until your green card is decided.
 
This was the latest E-Mail from my international student advisor. I am about to reply it and let her know my intentions, any suggestions?

Hello Daniel,
I consulted the case with other School Officials in other schools and after our phone conversation today, I want to summarize on this e-mail my advise as your international student advisor.
1. Since you did not have your interview with Homeland Security yet, and have not been officially approved for a new status, you are still an F-1 student and you should maintain your status by being enrolled full time for the Fall semester.
2. I reviewed your SEVIS record today, and you are still an F-1 student, any change or adjustment was updated in the database. Unfortunately, I can't change your status as your lawyer suggests because Homeland Security is the only one who can do that.
3 I recommend you to maintain your status until you have your interview, so you don't have reasons against you to be approved.In fact you don't want to be out of status at any time or you won't be able to apply for any other status in the future. At this point since you feel it is not necessary and you feel comfortable with your lawyer's advise, it is your decision and under your own risk and responsibility to continue or quit your classes. Please make sure to notify me on writing of your decision.
 
ddelalca said:
This was the latest E-Mail from my international student advisor. I am about to reply it and let her know my intentions, any suggestions?

Hello Daniel,
I consulted the case with other School Officials in other schools and after our phone conversation today, I want to summarize on this e-mail my advise as your international student advisor.
1. Since you did not have your interview with Homeland Security yet, and have not been officially approved for a new status, you are still an F-1 student and you should maintain your status by being enrolled full time for the Fall semester.
2. I reviewed your SEVIS record today, and you are still an F-1 student, any change or adjustment was updated in the database. Unfortunately, I can't change your status as your lawyer suggests because Homeland Security is the only one who can do that.
3 I recommend you to maintain your status until you have your interview, so you don't have reasons against you to be approved.In fact you don't want to be out of status at any time or you won't be able to apply for any other status in the future. At this point since you feel it is not necessary and you feel comfortable with your lawyer's advise, it is your decision and under your own risk and responsibility to continue or quit your classes. Please make sure to notify me on writing of your decision.
Click to expand...

Let them know that even if they can't directly update your status in SEVIS, you are still asking that they make a note in the system of the fact that you have applied for adjustment of status. Also ask them record your A-number and/or I-485 receipt number in the system. Let them know you also want to give them a copy of your I-485 receipt to put in their records.
 
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