Should I maintain F-1 status or go AOS?

S

ssfw4s

New Member
undefinedHello, everyone!

I’m new here and I’ve already read a lot of the threads here and gathered a lot of useful information. But I couldn’t find the answer to my exact question so I will have to seek help from all the gurus here!

My situation is, I’m currently F-1 and will graduate in May 2005. I married a USC in 3/2004 and we’ve already submitted I-765, I -130 and I-485. And I’ve already gotten my EAD. I’m currently looking for jobs and if I can find a good one before my graduation date I will take the job offer and use my EAD to start working right away( no more course requirement for me). According to what I read here, since I’ve already filed for I-130 and I-485, I can choose to have “AOS pending” status instead of F-1 and I will have no need for I-20.

But from several past posts, many people suggest that it might be wise to maintain the full F-1 status in case the AOS does not go through. Also the international affairs office from my university says that I should be a full-time F-1 before I acquire my green card. I just wonder if anyone can give me an opinion on this one.
Q1: Is it true that I have to be a full time F-1 and have a valid I-20 all the time till I get my green card?
Q2: Would it be better for me to choose F-1 status now or AOS pending?
Q3: Can I still go ahead with my academic program and get my degree if I choose to be AOS pending or just start a job?

Thank you a lot at first for all your help!
 
Q1: Is it true that I have to be a full time F-1 and have a valid I-20 all the time till I get my green card?

No, it is not true. It is advisable, but not necessary.

Q2: Would it be better for me to choose F-1 status now or AOS pending?

You have to choose for yourself. If you are afraid that the marriage may fall apart while you are waiting for GC, or that the marriage is fake, and BCIS will find out during the interview and deny the AOS, THEN, by all means, maintain F-1, so you could fall on it. I chose not to maintain F-1 while my AOS is pending. Plus, the school may let you pay in-state tuition while on AOS. :)

Q3: Can I still go ahead with my academic program and get my degree if I choose to be AOS pending or just start a job?

Absolutely. I am going to finish my Master's degree very soon, and I am now in AOS pending status. :) Don't have to bother with I-20s anymore. I did notify the school to go ahead and make a notation (change my status in SEVIS) that I am now in AOS pending status. :)

Good luck!
 
Getting a F-1 stamp once your current F-1 stamp expires will be very hard and definitely not advisable (F-1 is nonimmigrant which you are not).

If you are worried about not stable marriage, you should consider working on a H1B visa, which is much more compatible with GC, unlike F1. Also, it'll give you basis for your own GC if needed.

As for 485 through marriage to USC, it's quite trouble free as long as your marriage is in good terms. Do NOT get into any trouble with police till you become a citizen (except for minor traffic tickets) as it'll make your life complex.

Sorry for bringing up negative aspects of GC through marriage -- I hope you'll never have to consider it. But when it comes to BCIS: hope for the best, plan for the worst.

~T
 
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thanks a lot

thanks a lot for answering my questions. I think I will go ahead for the AOS pending status if the only concern is that the case may not be approved. I think there should be no reason for denying our case. So all I need to do is to inform the international affairs office about my status change, is that correct? Do I need to file for any kind of form?

thanks again!
 
yes I think thats correct

go ahead and let them know

now that you filed everything

remember don't leave the country until you get your AP

also as far as resident tuition the operative term is "may"

it is usually the case when you are dealing with a state funded school and you have lived in that particular state for a year or two.

private schools have their own rules and usually don't differentiate.
 
no forms to fill out to change the SEVIS record. I simply emailed my school about my AOS, since I was residing in a different state by that time (OPT :) )
 
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