F1 to Green Card through spouse - quick question

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art.vandelay

Registered Users (C)
I'm currently an F1 student with about 1 more year to go (in NYC.) My wife is taking the citizenship oath in January.

I would like to immediately apply for adjustment of status for two reasons: 1. Pay college tuition as a resident and 2. Get my SSN and build credit history.

Next year I would also like to take a semester off from college if possible and help my wife with her start-up business.

My question is, what are the processing times for F1 to GC in my case, and will I be able to take a semester off from college next year?

Thanks and happy holidays!
 
Once you apply for AOS you can take a semester (or year) off; i.e., you don't have to maintain status once you have filed for AOS.

Don't you already have an SSN based on your F-1?

Processing time varies from USCIS center to center: a ball park figure would be between 4-6 months (assuming you have no complications).
Also, I doubt if you can pay college tuition just by being a permanent resident. Most colleges/universities require you to live in a state for non-educational purposes to be considered a resident. But, there are ways this requirement can get waived. It depends on your specific case.
 
Thanks, I'll check with my college regarding the tuition.

I don't have an SSN because the only way they'd issue me one was if I worked (on-campus with approval from USCIS.)

That's great news regarding the AOS. Will they send me something in the mail that they received my application? I'm trying to figure how would I prove that I filed for AOS because when I take that semester off, the college is going to report it to USCIS and I will no longer be under F1 status.
 
art.vandelay said:
Will they send me something in the mail that they received my application? I'm trying to figure how would I prove that I filed for AOS because when I take that semester off, the college is going to report it to USCIS and I will no longer be under F1 status.
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Yes, you will receive a receipt notice.
 
art.vandelay said:
the college is going to report it to USCIS and I will no longer be under F1 status.
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It does not matter. By filing for AOS you lose your F-1 status anyway. It would be prudent to report to the International Programs that you have applied for AOS (once you get your receipt notices).
 
art.vandelay said:
I'm currently an F1 student with about 1 more year to go (in NYC.) My wife is taking the citizenship oath in January.

I would like to immediately apply for adjustment of status for two reasons: 1. Pay college tuition as a resident and 2. Get my SSN and build credit history.

Next year I would also like to take a semester off from college if possible and help my wife with her start-up business.

My question is, what are the processing times for F1 to GC in my case, and will I be able to take a semester off from college next year?

Thanks and happy holidays!
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Citibank issues a secured credit card without SSN. So you can build credit history. That’s not a problem.
 
art.vandelay said:
I don't have an SSN because the only way they'd issue me one was if I worked (on-campus with approval from USCIS.)
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With F-1 status you don't need approval from USCIS to work on campus. You just need to get the OK from the campus official who is overseeing international students.
That's great news regarding the AOS. Will they send me something in the mail that they received my application? I'm trying to figure how would I prove that I filed for AOS because when I take that semester off, the college is going to report it to USCIS and I will no longer be under F1 status.
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You should report your AOS filing to the college, so they can change your status in the system to "authorized withdrawal - pending permanent residency" instead of ringing the alarm because of your absence.

Note that they probably will not allow you to immediately start paying the in-state tuition rate, as they normally require you to live in the state for 12 months in a status other than F-1 to qualify ... unless your state is one that would give you the in-state rate immediately because of your spouse already living in the state for 12 months.
 
Thanks, this clears things up a whole lot.

I'll probably be taking the whole year off from college then until I count as a resident, because where I'm studying it's $6000 for 12 credits vs. $1800 a semester for up to 18 credits.

I already have an ITIN and built good credit history on that (7 credit cards, one financed car) but the banker told me that once I get the SSN, all my current credit history won't matter. Maybe he was just misinforming me.
 
Just one caution about working ... as I mentioned before, when in F-1 status you don't need USCIS approval for on-campus work. But once you file the I-485, you no longer have F-1 status, and you would need to wait for an Employment Authorization Card to work on or off campus.

Credit history is tied to the SSN, not ITIN, so the banker is probably right.
 
Jackolantern said:
But once you file the I-485, you no longer have F-1 status, and you would need to wait for an Employment Authorization Card to work on or off campus.
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Is each visa category different in terms of when the applicant loses their non-immigrant visa category status? I though on some of the other visa categories the AOS applicant can continue under that status until there case is decided.
 
dhlunar said:
Is each visa category different in terms of when the applicant loses their non-immigrant visa category status? I though on some of the other visa categories the AOS applicant can continue under that status until there case is decided.
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With H1/H4/L1/L2 status which allow dual intent, that status can be maintained while AOS is pending, provided the individual sticks to the terms of the underlying status (i.e. working for the specified employer in the specific job, not using EAD to work in any other jobs, etc.).
 
Strictly speaking F-1 status is not terminated once the AOS is filed, but it is exceptionally unlikely to be renewed or re-entry permitted on the F-1.
 
TheRealCanadian said:
Strictly speaking F-1 status is not terminated once the AOS is filed, but it is exceptionally unlikely to be renewed or re-entry permitted on the F-1.
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But isn't it the case that by filing AOS you are showing immigrant intent (which is not permissible on an F-1)? Doesn't that make the F-1 void and make it impossible to be renewed even if you keep your F-1 status through the AOS process?
 
I have a simple follow-up question regarding the process: when will the interview take place? Right after I get my receipt for the AOS package?

Thanks!
Art
 
art.vandelay said:
I have a simple follow-up question regarding the process: when will the interview take place? Right after I get my receipt for the AOS package?

Thanks!
Art
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Currently things have been moving very smoothly most of the applicants get their IV's within 90 days after applying for AOS. But there are a few cases which took upto 6months.
 
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