F1=> GC but what if the F1 expires

S

Sommerbeam

Registered Users (C)
Hi everyone,

I am on F1 visa, I have always been in status. I got married to an USC in April 2005. I am applying for changing of status now.

My question is - what happens with the current visa when I apply for AOS? My F1 visa expires next April and I am not sure I will be done with the interview and all the papers till then.

Thank you for your help.
 
Sommerbeam said:
Hi everyone,

I am on F1 visa, I have always been in status. I got married to an USC in April 2005. I am applying for changing of status now.

My question is - what happens with the current visa when I apply for AOS? My F1 visa expires next April and I am not sure I will be done with the interview and all the papers till then.

Thank you for your help.
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You are on the safe side as you are applying for AOS when you are in valid status. It doesnt matter even if your F-1 expires, your status would be "Pending AOS" and it is a legal status till your application is adjudicated.
 
R u still in school or on your PT (practical training period).If your are still in school, then you can just apply for the 1 year practical training after you finish your course work and can still be in f1 status.
 
In this case it does not matter. In fact it would not have mattered even if you were out of status when applying for AoS since USCIS allows out of status spouses of USC's to adjust to LPR. As long as you did not willingly lie about your immigration status to get some benefits, it does not matter, you are okay.
 
Thank you everyone.

Unfortunately when my visa expires I will not graduate, I am still not done with school, so I can not evn take my OPT.
 
As long as your I-20 is valid, you have a legal status in u.s. Doesn't matter if your F1 visa is valid or expired. You have to be enrolled full time (minimum 12 credits) in university.
 
Thank you, Detroitkam.

But what will happen if I apply for AOS and I drop a class? I am a graduate student so I need 6 credits=2 classes to maintain the status. If I am applying for adjustment of status can I be a part-time student?

Thank you.
 
Hello sommerbeam, read my note above. It is good to maintain your valid status till your 485 approval. But having said that, once you have your 485 receipt and you are, for some reason (personal choice included) unable to maintain status, you will not be penalized during your 485 approval, as long as you entered the US legally and did not lie to obtain immigration benefits. So whether you become a part time, full time or no time student after you apply for your 485 is your personal choice. If you need more specific questions on legalities and impacts, consult a good lawyer.
 
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