Question about pending Adjust of Status

N

nowwhat2005

Registered Users (C)
Hi all,

I have a question about adjust of status. I am currently on a F1 status and plan to apply for Adjust of Status in Dec. of this year (after my wife's oath ceremony). Do I need to maintain my F1 status until my green card application is approved? I heard that once I submit my AOS application, I don't need to worry about out of status. If so, what exactly is my status at that time? Also, during my AOS interview, how should I answer immigration officer's question about my status?



Thanks!
 
Once you apply for AOS you lose your F-1 status. You don't need to worry about the F-1 rules anymore and can drop your studies completely if you like; if you do choose to stay in school, you may be eligible for in-state resident tuition. You don't have an official status while you wait for the green card, but you are 100% legal. You can apply for work authorization and advanced parole to travel. Unfortunately, applying for AOS means you can't fall back on your student status if you are denied the green card... but hopefully that won't be a problem for you.

You shouldn't have any complications at the interview, particularly if you were never out of status with your F-1 before applying for AOS. Some posters on here have been asked why they dropped their studies so quickly (implying the student visa was a ruse to get into the country and apply for AOS) but those questions can generally be easily answered... now that you're married, you want to help support your wife by working full time, etc.

If everything else is in order and your marriage is (and looks) legit, you shouldn't face too many problems with the transition.
 
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