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To keep or not to keep my F1 status?

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  • To keep or not to keep my F1 status?

    I?ve applied for AoS through marriage in September. The process seems to be going well so far, I received the NOAs and the fees were cashed so I assume everything is alright. Maybe I?ll get an RFE later but at least my case was not rejected. I?m currently waiting for my bio appointment letter.

    My F1 visa is valid until December 2020 and I?m supposed to graduate in March 2020. I?m in valid status at this moment and starting classes next week after the vacation. The thing is, being an international student, I?m limited to just 3 courses per term and I can only have one online course per term. I want to graduate early, which means picking up more courses per term. Doing that would (I assume) invalidate my F1 status.

    From what I understand, at this moment I?m in AoS pending status but the F1 is still valid. I read that many people advise to maintain the F1 in good standing as a backup in case something happens to the AoS (e.g. gets denied). My marriage is 100% legit and I have no problems proving it - we have tons of evidence. But if for some wild reason the AoS falls through, I?ll be technically out of status.

    What do you guys think? Should I just maintain my F1 status until the AoS is approved? It will probably take over 12 months since I?m in Seattle. I?ll probably graduate before or shorty after my interview anyway. Thanks!

    EDIT: I didn?t mean stopping my schooling. I will continue to go to school as usual, I was just looking for MORE courses per term, not less.
    Last edited by seattle2903; 10-13-2018, 12:07 AM.
    RoC (I-751) Application, filed from Houston TX
    10/24/2021 - USPS delivered the package in AZ
    10/27/2021 - Text from USCIS with receipt number, check cashed. Assigned to the Texas Processing Center

    INITIAL AOS from F-1, married to USC, filed in Seattle WA

    09/24/2018 - Package delivered to PO Box (PD)
    10/22 - Early bio walk-in
    11/15 - New card is being produced (I-765)
    11/26 - EAD combo & SS card
    01/13/2020 - Interview
    01/23/2020 - Case Approved, Card Mailed.

  • #2
    Originally posted by seattle2903 View Post
    I?ve applied for AoS through marriage in September. The process seems to be going well so far, I received the NOAs and the fees were cashed so I assume everything is alright. Maybe I?ll get an RFE later but at least my case was not rejected. I?m currently waiting for my bio appointment letter.

    My F1 visa is valid until December 2020 and I?m supposed to graduate in March 2020. I?m in valid status at this moment and starting classes next week after the vacation. The thing is, being an international student, I?m limited to just 3 courses per term and I can only have one online course per term. I want to graduate early, which means picking up more courses per term. Doing that would (I assume) invalidate my F1 status.

    From what I understand, at this moment I?m in AoS pending status but the F1 is still valid. I read that many people advise to maintain the F1 in good standing as a backup in case something happens to the AoS (e.g. gets denied). My marriage is 100% legit and I have no problems proving it - we have tons of evidence. But if for some wild reason the AoS falls through, I?ll be technically out of status.

    What do you guys think? Should I just maintain my F1 status until the AoS is approved? It will probably take over 12 months since I?m in Seattle. I?ll probably graduate before or shorty after my interview anyway. Thanks!
    F1 does not mean you can take only 3 courses. The rule is explicit: You have to be enrolled in a minimum of 3 classes. No limits on maximum.

    It is always a good idea to maintain your F1 status. Moreover, you would not want to go the time, money and effort spent on your education thus far to go waste. So you would want to stay enrolled, graduate.
    Just an opinion; Not legal advice.

    Comment


    • #3
      I highly recommend you to maintain F1 status which is 12 credit ( Undergrad) and 9 credit ( Grad).
      If you came to the US to study, then finish it. Married is great, but the main proposal for your current VISA is studying. Go for a parallel process which is F1 and 485.

      Comment


      • #4
        You can definitely take more than 3 courses. I have a F1 and pending AOS, my F1 visa is valid until 2024 but you can definitely graduate earlier, in fact I'm graduating in December 2018. I am taking 6 courses, 2 of which are online. You can take up to 18 credits (6 courses). I cant take less than 3 courses, however on your last semester you can take as few as you want.

        I would recommend to keep your F1, you wont be able to legally work until you get your EAD anyways. And you will be wasting time, and graduating later on. I considered that option myself, just to safe money on out of state fees and mandatory health insurance, but that was going to push my graduation date and the money saved (very little a couple of thousand) was not worth it.
        After you get the EAD you can reduce your course load and work full time/part time, if that's what you prefer.

        Good luck!!

        Comment

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