What should I do? My school dont' let me go...help!

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cindywang16

Registered Users (C)
hi!!! Everyone:
I need help with a more clear answer.
I posted before about my situation and now I have more problem.

I am currently is a F-1 student, married to USC this March.
About 3 days ago, just send out my application for Greencard. So my greencard is pending.

Now, becuase I am far away from my husband. So I want to quite school and move in with him.
But school say, I am not allowed to move, beucase I am using their F-1.
I have to stay full time. Otherwise, they will report me as "OUT- OF-STATUS" and I wont' be able to get my greencard. They said, until I receive my greencard in hand. I am not allow to go anywhere,besides being a full-time student in my current school.

Is that true? What can I do?

thank you so much,
sincerely,
 
Untrue.

You've filed AOS, so are legally allowed to remain in the country while your AOS is pending. You're also free to live anywhere in the US you like and leave your school. The only thing you are not free to do is leave the US. Well, actually you can leave the country, they just won't let you back in because your F-1 visa is no longer valid as you filed for AOS.

Your school is wrong about you not getting your greencard if you leave school, your F-1 status is now irrelevant to USCIS apart from proving you were in the country legally when you married your husband.

Talk to them and explain you've filed AOS, if they still give them the line about reporting you as "out of status" ask for someone who actually knows what they're talking about because they're clearly idiots.
 
thank you sooooo much, I feel so released.
I was very upset with school earlier.
I am glade that get more suggestion. thank you so much.
Do you think I can get a infopass and double check with them?
And go back to school to talk to them.

thank you,
 
What your school said is entirely incorrect. In fact you're no longer using their I-20 & you're no longer a F-1 from the day USCIS received & processed your AOS application.

If you've applied for AP and EAD, you can even travel & work legally. Problem free.

Perhaps your school was just upset because one of their international students who are paying high tuition fees was leaving them :D
 
You may quit it at any time

Don’t be afraid. You may quit it at any time :p . I have been in the same situation 3 years ago.
Good luck
:p
 
Once you have filed for adjustment of status based on marriage to a US citizen, you're in the clear status-wise. I am in a very similar situation. I am an F1 student whose I-20, and hence F1 "status," expires at the end of this month. However, I am not extending my I-20 because I, too, am living with my husband in a different state. My school told me not to worry because I will be in status as long as I have a pending AOS.

If you would like to be registered in school for other reasons besides maintaining status, one option might be to see if your school allows you to register "in absentia." My university does this when students expect to be working on their projects but are away from campus. Usually the fees for this are much lower than standard tuition and you get the benefits of being a registered student -- health insurance, library privileges etc.
 
school just dont' give up....

Everyone:
after all the communication with school, following is what my school answer me.
I feel what they said is kind of scary :(
I told my school international supervisor, and his answer is:

As far as leaving the USA and trying to return, the DHS official was
completely right: you cannot return to the USA on a nonimmigrant F-1
visum because that would imply that you have no intentions to
immigrate,while your application for a greencard means that you want to
immigrate.The only way that such a conflict can be resolved is to deny your
greencard.

So:
1. do not travel outside the USA in your current status of F-1, having
applied for a greencard,
and:
2. do not run the risk that you would violate your current F-1 status
by under- or not-enrolling at school, by working illegally, etcetera,
because it might lead to being or going out-of-status, which is also a reason
not to grant you your greencard.

what he said is truth??
I know soooo many people tell me not to worry already, but I am still nervous,
thank you so much,
 
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My husband's school is also causing trouble for him. His I-20 expired and he fell out of his F1 status. Because of this, they are not allowing him to register for classes because they now consider him an "international student - departed" even though he is still not finished with his degree program, still lives in town, and has a pending AOS application based on marriage to a USC. They informed him that they will be reporting him as out-of-status to USCIS unless he applies to have his F1 reinstated....which is kinda pointless since we are in the process of adjusting his status :confused:

cindywang16 said:
Everyone:
after all the communication with school, following is what my school answer me.
I feel what they said is kind of scary :(
I told my school international supervisor, and his answer is:

As far as leaving the USA and trying to return, the DHS official was
completely right: you cannot return to the USA on a nonimmigrant F-1
visum because that would imply that you have no intentions to
immigrate,while your application for a greencard means that you want to
immigrate.The only way that such a conflict can be resolved is to deny your
greencard.

So:
1. do not travel outside the USA in your current status of F-1, having
applied for a greencard,
and:
2. do not run the risk that you would violate your current F-1 status
by under- or not-enrolling at school, by working illegally, etcetera,
because it might lead to being or going out-of-status, which is also a reason
not to grant you your greencard.

what he said is truth??
I know soooo many people tell me not to worry already, but I am still nervous,
thank you so much,
Click to expand...
 
yeh...isnt' that just unnecessary and strange.
I had being always thought school international student office know most of the immigration situation.
I think in some cases, they know less than us.

By anyone know, IF...I mean if my school really report me as "out-of- status" what will happen to my application process?
Will I actually get in trouble beucase of that?
 
Wait a second, you never mentioned you wanted to leave the country. Where is your husband, in another state or another country?

The basic facts are that once you file AOS (from F-1) you have to remain in this country until it is approved. The only way around this is if you get Advanced Parole. This is true for everyone but a few special cases (e.g. H-1B visa continues to be valid while filing for AOS).

However this doesn't alter the basic facts of your case. If you quit school this will not affect your AOS application.
 
cindywang16 said:
yeh...isnt' that just unnecessary and strange.
I had being always thought school international student office know most of the immigration situation.
I think in some cases, they know less than us.
Click to expand...
Don't go to UC Riverside do you? Their immigration people are clueless idiots, almost got me deported.
By anyone know, IF...I mean if my school really report me as "out-of- status" what will happen to my application process?
Will I actually get in trouble beucase of that?
Click to expand...
You're not "out of status" because you've filed AOS. You should tell your school this and tell them that they needn't report you. You won't get in trouble because you are married to a US citizen and filed for AOS.
 
cindywang16 said:
yeh...isnt' that just unnecessary and strange.
I had being always thought school international student office know most of the immigration situation.
I think in some cases, they know less than us.

By anyone know, IF...I mean if my school really report me as "out-of- status" what will happen to my application process?
Will I actually get in trouble beucase of that?
Click to expand...
Staying Out of Status and Working Illegally is forgiven for Spouse of USC. Try to get some document from USCIS showing that it is copletely OK to leave the school and show it to your school ppl.
 
amishah said:
Staying Out of Status and Working Illegally is forgiven for Spouse of USC. Try to get some document from USCIS showing that it is copletely OK to leave the school and show it to your school ppl.
Click to expand...

That misses the important point that you cannot be out of status with a pending I-485.
 
yeh....I am all really to go back to school and fight for it now.

no...my school is in mid-west. But they are pretty stupid though.

Another thing my freind told me, I might can do.
I dont' know if that will work.
"IF" I can find myself a emplyeement where my husband is (p.s. he lives in US, I am not leaving the country) that if they willing to support me to apply CPT, than I can start working and leave my school.

Maybe I am stupid, but will that work?

thank you so much,
 
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The only way you can work after filing AOS is to apply for an EAD which you can do now, costs $180 and takes about 90 days to arrive. However, again you don't need to have a job to leave school. You can leave school now if you like, as your legal status in the USA is assured by your filing for AOS. Your F-1 is no longer valid so your school has no hold over you.

I'm not sure what "PTO" is, but as you've applied for AOS, its up to you to obtain the correct Employment Authorization, not your prospective employers.

EDIT: I see you changed PTO to CPT. You can't apply for CPT because you've applied for AOS. You need to apply for EAD to work.
 
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My husband has fallen out of F1 status and has a pending AOS application. His school is still making him pay international tuition rates and is treating him as an international student. They say he will only be a domestic student once he has the physical GC in hand. So I guess he isn't technically an F1 or a permanent resident, strange.

One more thing to note...even though you said you plan on staying in the U.S. while your application is pending, it is important to know that even with Advance Parole you could be subject to the 3/10 year bar. Just something to keep in the back of your mind.

dr_lha said:
The only way you can work after filing AOS is to apply for an EAD which you can do now, costs $180 and takes about 90 days to arrive. However, again you don't need to have a job to leave school. You can leave school now if you like, as your legal status in the USA is assured by your filing for AOS. Your F-1 is no longer valid so your school has no hold over you.

I'm not sure what "PTO" is, but as you've applied for AOS, its up to you to obtain the correct Employment Authorization, not your prospective employers.

EDIT: I see you changed PTO to CPT. You can't apply for CPT because you've applied for AOS. You need to apply for EAD to work.
Click to expand...
 
I'm pretty sure this isn't true. Someone correct me if I'm wrong. They would only be subject to the ban if they had gone out of status before filing AOS. As the OP filed for AOS while still on a valid F-1, they were never out of status, so won't be banned.
 
You are correct. I didn't mean to say that cindywang16 specifically would be subject to the 3/10 year bar. There is no way I could ever know that. If someone files for AOS before they ever go out of F1 status, then no, they wouldn't be subject to the 3/10 year bar. But if at any point since May 1997 there was unlawful presence, it will count towards the 180 days.

Although this is a rather general answer, I post this because people with F1 status will probably be reading this thread at some point due to the thread name pertaining to school. Some people may not realize that even having AP doesn't necessarily mean that a pending AOS application won't be abandoned if one leaves the country. It isn't a forgive-all. However, F1's are usually admitted D/S, meaning as long as they're in status they're lawfully present. If one is admitted D/S, unlawful presence only starts accruing once an immigration judge as made a determination or once the USCIS discovers they are out of status while processing the I-485. But if you're married to a USC, it doesn't really matter anyway just so long as you stay in the U.S.

dr_lha said:
I'm pretty sure this isn't true. Someone correct me if I'm wrong. They would only be subject to the ban if they had gone out of status before filing AOS. As the OP filed for AOS while still on a valid F-1, they were never out of status, so won't be banned.
Click to expand...
 
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