Should I stop going to school now (been married for one year)? (F-1 case)

K

Khalid Mumai

New Member
Hi all, I have been married to my U.S. citizen wife for more than one year. Our marriage was in November 2013. Right now I'm still waiting to be scheduled for an interview. I know it's a crazy wait because my case was transferred to the MSC. USCIS said they would give me a new update on my case by January 6.
I have been in business school since August 2013 (before my wedding) and I'm both studying and working part-time right now. I have an EAD card. However, next semester I want to work full-time and postpone my study to earn more money then I will get back to the school later on to finish my MBA degree. I really really want to get this full-time job right now because this opportunity may not come again but I thought that it might cause my case look suspicious even though my marriage is legit. Should I take the job and postpone school or keep going to school until I get approved for the green card? Kind of a difficult decision to make. Any advises would be greatly appreciated. Thank all and merry Christmas!
 
So at this point you've completed 3 semesters? That's more than enough to convince them that you're a bona fide student, so it should be safe to quit now ... EXCEPT that you said you've been married for over a year, and you've also been studying for just over a year, so that might create a different problem regardless of whether you quit school now.

Based on the timeline you mentioned, you got married shortly after starting your F-1 studies. If you obtained your F-1 status by applying for a visa at a consulate (and not by changing status within the US from something else like J1 or H1B), you would have had to answer a question on the visa application form about having a spouse or fiancee. If you did not list your fiancee on the application, that could lead to problems with your green card if they look back on the visa application and notice the discrepancy.
 
Jackolantern said:
So at this point you've completed 3 semesters? That's more than enough to convince them that you're a bona fide student, so it should be safe to quit now ... EXCEPT that you said you've been married for over a year, and you've also been studying for just over a year, so that might create a different problem regardless of whether you quit school now.

Based on the timeline you mentioned, you got married shortly after starting your F-1 studies. If you obtained your F-1 status by applying for a visa at a consulate (and not by changing status within the US from something else like J1 or H1B), you would have had to answer a question on the visa application form about having a spouse or fiancee. If you did not list your fiancee on the application, that could lead to problems with your green card if they look back on the visa application and notice the discrepancy.
Click to expand...

Thank you for your response. I forgot to mention that I came to USA in 2008 as a F1 student to study college and I finished my undergrad here in 2012 (continuous 4 years of studying in America), worked through my OPT for 1 year after graduation, then I started going to business school in August 2013, got married in November 2013, and then I'm up to this point. Do you think the fact that I obtained the F1 since 2008 could prove something positive for my case? I'm sure I can prove to the USCIS that I'm a bona file student because I have both Associate's and Bachelor's degrees and I have been studying since 2008, basically.
 
You've studied long enough that there is no problem with showing that you're a bona fide student. Your potential problem is if your F-1 status starting in August 2013 was the result of obtaining a new F-1 visa outside the US at a consulate in the summer of 2013 (rather than extending/continuing your old F-1 status), and if you failed to list your then-fiancee on the new visa application. That would put you in trouble for lying on the application, not for declining to be a bona fide student.
 
My latest visa was obtained in 2011 outside of the US at which I wasn't married yet. Since that time I haven't left the US so I think it should be fine. Thanks for your response.
 
Since your change of status is in progress, you no longer have to satisfy F1 visa.
You could have stop school just after getting your work permit.....
 
You must log in or register to reply here.
Top