Take courses in college during family based I-485 stage

[tdi2005t]

My wife is the beneficiary of family based AOS application. We filed I-130, I-485, I-765 at the beginning of July 2008.

With AOS pending status, would she be able to take courses in any university without applying for new F-1?

Currently she is in AOS pending stage, but her non-immigration status is F-1 OPT after graduation.

Thanks a lot.

My info:
October 2006 - Filed citizenship application
June 2008 - Citizenship ceremony
July 2 2008 - Filed I-130, I-485 for my wife
July 29 2008 - Finger print

 

[pleasetellmewhy]

I run into the same situation like yours before. I was f-1 student and filling I485; and the college I received F1 from insisted I was F1 student at that time and refused to consider me as a immigrant (and not to reduce the tuition rate) and demand me to renew F1, even i explained to them I married a USC.

So, I was so mad about the college not to corporate with me and then I dropped all the classes from that college and started looking for other school. One month later, I got admitted from another university and this university treated me as a resident and give me a resident tuition rate and no more F1. By then, I only explained to them my immigrant situation at that time and provided them a copy of my marriage license.

Therefore, I cannot tell you what is the best way to take care such F1 situation and i would suggest your wife to speak with her school and see how the school would take care the matters.

 

[PraetorianXI]

Being Married to an US Citizen does NOT make you a resident, nor does it give you ANY legal status at all.

Being an "AOS Pending Adjustee" (having filed an I-485 that is being processed) gives you the right to stay in the USA while the petition is pending, but it does not automatically give you any other rights...

Example, if you are AOS pending and you want to work, you have to have an approved EAD (i-765), if you want to travel and re-enter the USA then you must have an approved Advance Parole (i-131).

It is a little murky as far as studying... because there is no "Study Authorization Document", what I would question is the fact that you are "entitled" to Resident (in-state) tuition... because you are NOT a resident. If you can get it, great! as far as I know there is no problem (unless you produce fake documents)... but if you can not, do not be so offended that you are not getting something you are technically not entitled to.

 

[LucyMO]

Yes, you can study full-time or part-time. Do not get a new F-1 status in a new program, as it may have an effect on your AOS process. If she is continuing on the same program, it's ok.

You are not entitled to [in-state tuition] in most states, because you are not a state resident. Some universities are nice enough to give you [in-state tuition].

 

[pleasetellmewhy]

Being Married to an US Citizen does NOT make you a resident, nor does it give you ANY legal status at all.

Being an "AOS Pending Adjustee" (having filed an I-485 that is being processed) gives you the right to stay in the USA while the petition is pending, but it does not automatically give you any other rights...

Example, if you are AOS pending and you want to work, you have to have an approved EAD (i-765), if you want to travel and re-enter the USA then you must have an approved Advance Parole (i-131).

It is a little murky as far as studying... because there is no "Study Authorization Document", what I would question is the fact that you are "entitled" to Resident (in-state) tuition... because you are NOT a resident. If you can get it, great! as far as I know there is no problem (unless you produce fake documents)... but if you can not, do not be so offended that you are not getting something you are technically not entitled to.

First at all, I hope you were not saying I was making fake documents to fake "resident" status; because I had never told the college that I was, all I had done was told them what I happpened (got married USC and int he process of AOS), and they made the judgement call, and done whatever they need to do since the college is the educator they knew the rules. And they just treated me as one in terms of the tuition rate and never sign me for another F1 form

At this point, regardless whatever you think who you are, the better way is to talk with the college and see what they want to do and how you want to proceed with it.

Also, once you file I485 after marrying to USC, it will give you the legal status to continue living in u.s. because the pending case.

 

[PraetorianXI]

First at all, I hope you were not saying I was making fake documents to fake "resident" status; because I had never told the college that I was, all I had done was told them what I happpened (got married USC and int he process of AOS), and they made the judgement call, and done whatever they need to do since the college is the educator they knew the rules. And they just treated me as one in terms of the tuition rate and never sign me for another F1 form

At this point, regardless whatever you think who you are, the better way is to talk with the college and see what they want to do and how you want to proceed with it.

Also, once you file I485 after marrying to USC, it will give you the legal status to continue living in u.s. because the pending case.

Re-read my post ... I did not accuse anyone of producing fake documents... I said one would not have any problem studying while AOS pending, except in the event you (not you, but someone) produced fake documents.

I also know (and said in my post) that when you file I-485 you have a legal status...

Seriously read the post before jumping off on a reply.