Questions about F1 visa marry USC

S

sunbaenim

Registered Users (C)
Hi y'all, I've been an F1 visa student for 3 years. we just got married and we are proceeding to apply for AOS. I have a few questions

1. I'm currently legally working on campus. if we apply for AOS, do I have to stop working?

2. My visa will expire in June, we will probably apply for AOS later in April (The paperworks are so complicated). Will that affect anything?

3. Since he's unemployed in 2011 and 2012, his parents are our co-sponsors. In addition, I have little income from my work at school. Will that have an impact on our case?

4. We're both students, so we couldn't afford a wedding; therefore, we don't have any wedding photos. but we do have photos hanging out together, photos with our families. Will that be ok?

5. We're leasing his parents' house, so we have a joint lease. we also have a joint bank account. and he just added me to his family's car insurance (I don't have a car). Would these be enough?? What else should we prepare?

Thank you.
 
1. No.
2. No. Once you apply for AOS, and before you get the green card, you will need to use Advance Parole to leave and enter the U.S., or you will abandon the AOS. The visa becomes useless.
3. What matters is his income now. Does he have a job now? Co-sponsors are fine; many people use co-sponsors.
4. Sure. Not everybody has an elaborate ceremony. Also you seem to be already providing lots of evidence besides photos.
5. The more evidence the better. You seem to have a decent amount
 
Thank you for answering.

2. In addition, on ice.gov website, it says "You can stay in the United States on an expired F-1 visa as long as you maintain your student status." I'm still maintaining my student status as I'm transferring to a 4-year university. Do I still have to leave and re-enter the U.S once i apply for AOS? I'm kinda confused about this.

3. He's currently going back to school and pursuing another degree, and not having a job.
 
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sunbaenim said:
Thank you for answering.

2. In addition, on ice.gov website, it says "You can stay in the United States on an expired F-1 visa as long as you maintain your student status." I'm still maintaining my student status as I'm transferring to a 4-year university.
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When are you transferring (i.e. when do you start classes at the university)? The timing of that transfer could affect things. Do you have a new I-20 from the university?
 
Classes at the university won't start until this September. Therefore, the soonest I can receive my new I-20 is late June. However, I have the I-20 at my community college, and I'm currently taking classes here. Should I consider taking summer classes at my college, so that my F1 visa would be then valid?
 
Once you file the I-485 you can't change your F1 to the new school. However, with a pending I-485 you don't need F1 status or an I-20 to study, because a properly filed I-485 allows you to live and study in the US legally until the case is decided.

But the pending I-485 by itself doesn't give you the right to work in the US; you will need to apply for employment authorization to work while the I-485 is pending, unless you work on campus at the same school you were already attending with your F1 and are otherwise satisfying the conditions of F1 status. So when you file the I-485 you'll be able to continue working at the same school while you're still attending classes there.

If you want to work after you finish at your current school, apply for employment authorization (I-765) along with your I-485. The I-765 normally takes 2-3 months so you'll get it before you transfer in September, and it will allow you to work on or off campus. To enroll at the university, you'll show them your I-485 receipt or the green card itself as your proof of status, with no need for an I-20 or F1.
 
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sunbaenim said:
Classes at the university won't start until this September. Therefore, the soonest I can receive my new I-20 is late June. However, I have the I-20 at my community college, and I'm currently taking classes here. Should I consider taking summer classes at my college, so that my F1 visa would be then valid?
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F1 visa is irrelevant, what matters is your I-20 expiration date. I would suggest that you try to maintain your F1 status as much as you can. In case your AOS is denied, at least you could stay in US on F1. If you let your F1 expire, or apply for I-765, your F1 status will cease. If your AOS is not successful, you'll have to leave immediately. I understand you married a USC and most probably will have no problem with AOS, but I'm just letting you know your options. Changing from one school to another does not necessitate leaving US. Also if you leave US while AOS pending, you may not come back on F1 visa.

You can also apply for CPT or OPT if that option is available to you, they are limited employment authorizations for F1 status, it will help you to work and maintain F1 status at the same time. Depending on your priorities, you can either wait until transfer to the university is complete and then apply for AOS, or apply for AOS right away and let the F1 status cease.
 
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aos13 said:
F1 visa is irrelevant, what matters is your I-20 expiration date. I would suggest that you try to maintain your F1 status as much as you can. In case your AOS is denied, at least you could stay in US on F1.
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No. Upon AOS denial, the applicant cannot revert to or continue F1 status.

If you let your F1 expire, or apply for I-765, your F1 status will cease.
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Merely applying for I-765 doesn't affect F1 status.
 
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