F1 to I-485, what happens to my F1 status

S

strawberry129

New Member
I have been seaching for some answers to figure out my status for California College Tuition purpose, am I F-1 or AOS pending?

I came to US on F-1 visa (expiration in 2009). Got married to a USC (6/06) and applied for i-130 & i-485 in 7/2006. The initial interview for i-485 is scheduled for 9/28/06 and the A# is indicated on the interview NOA.

Some posts indicates once 485 is submitted than F-1 is out of status but i am still going to school. What if 485 does not go through, do I have to go back to my country and get a new F-1 or can I have my F-1 reinstated in US?

Any help is greatly appreciated!

straw
 
Your status is AOS pending, you can continue to attend school dont bring up the issue if they dont care they just need the Visa status when you graduate . If you want to be sure safe you can tell the Int student dean about you case and he will put you as AOS pending. Just show the recipt of I485 and I130 that INS gave you.

No you dont have to go back or get any visa... PS dont leave the country unless you have Advance Parol
 
strawberry129 said:
I have been seaching for some answers to figure out my status for California College Tuition purpose, am I F-1 or AOS pending?

I came to US on F-1 visa (expiration in 2009). Got married to a USC (6/06) and applied for i-130 & i-485 in 7/2006. The initial interview for i-485 is scheduled for 9/28/06 and the A# is indicated on the interview NOA.

Some posts indicates once 485 is submitted than F-1 is out of status but i am still going to school. What if 485 does not go through, do I have to go back to my country and get a new F-1 or can I have my F-1 reinstated in US?

Any help is greatly appreciated!

straw
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There is no clear law saying F1 is invalid after I485 application, however, it is widely believed that F1 gets void once you filed I485. This problem won't be significant since either of F1 or AOS pending can give you opportunity to go to school therefore people is more careless on this issue.

Considering F1 is not valid, if your AOS gets denied, I believe you can not reinstate your status in the US (it's different from F1 out-of-stauts case as you do not violate any F1 term.). To file new petition or change of status in the US, one must be on valid status.
 
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I actually informed my school that I was applying for AOS and my tuition went down... those extra fees that international students pay are no longer applied and they also update your SEVIS. I would go ahead and talk to the international advisor at your school, so you avoid any porblems. I don't know if anything happens if you don't tell them, but you know taht being AOS you don't have to be a full time student anymore. And you might be able to pay in-state tuition because you married a citizen who is a resident of that state, but that is different from school to school.
What they said to me is that my F-1 is automatically voided when you apply for AOS.
Good luck
 
thank you all for the quick response! I am just glad my questions have been answered, I always wants to be well prepared for anything.

I will inform the school regarding my AOS and apply for advance parole.

Thank you again! :)

straw
 
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