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  • F-1 Visa to Adjustment of Status

    Hi everyone!

    I have a Question regarding F-1 Visa and my adjustment of status.

    I am studying here in New Jersey but my husband lives in ohio we got married august and i applied for the AOS also and got my biometrics this september.
    As the semester is about to start i moved to Ohio and i did not enroll to my school in new jersey anymore. I filed the papers before school starts and i know F-1 Visa have D/S on the I-20

    -What will happen to my F-1 Visa since i did not enroll anymore and moved to ohio?

    -Will i be illegally staying here even if i have my adjustment of status filed?

    -Will that affect my adjustment of status case?

    (I emailed my international student adviser today and explained her everything. She said " you violated your F-1 Status, you are not in F-1 Status anymore. i can not speak on how this has any bearing on your current case to adjust your status".

    Please help as i dont know what to do and it makes me feel nervous about it.

  • #2
    I am in a similar situation after my OPT and not getting picked during H1B lottery this year.
    I had until mid-August to stay in the U.S. legally and I filed for my AOS applications in early August. Once you submit AOS application, you can legally stay in the U.S. while the application is pending, until USCIS makes decision on your case. That's why they even let you submit I-765 for EAD card to work during the process.
    I am not sure about when your F-1 status expired but, even if it was expired, you should be fine if you're marrying a U.S. citizen spouse. When you marry a U.S. citizen spouse, you're considered immediate relative of U.S. citizen and your F-1 overstay is overlooked as long as you entered the U.S. legally and was inspected at port of entry (ex. airports immigration process). Hope this helps.

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    • #3
      Originally posted by likecy89 View Post
      I am in a similar situation after my OPT and not getting picked during H1B lottery this year.
      I had until mid-August to stay in the U.S. legally and I filed for my AOS applications in early August. Once you submit AOS application, you can legally stay in the U.S. while the application is pending, until USCIS makes decision on your case. That's why they even let you submit I-765 for EAD card to work during the process.
      I am not sure about when your F-1 status expired but, even if it was expired, you should be fine if you're marrying a U.S. citizen spouse. When you marry a U.S. citizen spouse, you're considered immediate relative of U.S. citizen and your F-1 overstay is overlooked as long as you entered the U.S. legally and was inspected at port of entry (ex. airports immigration process). Hope this helps.
      thank you for responding! i feel much better about it. can anoyone post the same situations here in this thread and share there experience please

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      • #4
        When did you file and where is it?
        Im under F1 and file in ohio.
        As long as you married to USC you will be fine.

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        • #5
          Originally posted by Fayetr View Post
          When did you file and where is it?
          Im under F1 and file in ohio.
          As long as you married to USC you will be fine.
          I filed end of august before the school starts and i have my biometrics appointment scheduled already.

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