AOS based on marriage - F1 visa. Need urgent advice

[queeniebake]

I am in the US now with the student visa (F1). I've been married for 4 years. My husband just got his US citizen and we are going to file the forms I-130/I-485 concurrently. During 4 years, I keep my status as a full time student and just graduated 2months ago. My questions are :
If I file the forms I-130/I485/I-765
1. Shall I have to come back to school to keep my status legally in the US or,
2. Can I not come back to school after receiving the notice from the INS ?
3. Can I work and not come back to school after getting my working permit from AOS ?

I run out of tuition money, so if I dont come back to school for another degree to keep my status while my AOS is pending, will I be legally stay in the US ?

Please help me with these questions asap. Thanks a lot.

[txh1b]

After applying for a 485, you needn't maintain your F1 status.

[queeniebake]

Thank you very much. During 4 years of marriage, I went back to visit my family abroad by F1 visa. Do you think the INS will suspect it's as a fraud since I am not claimed as marriage status ? ( the reason is my husband got his citizen after waiting 4 years and the immigrant officers advice me to keep my status instead of doing paperwork under his greencard ) If yes, what should I do ? I got everything for evidence such as wed pics, travel air ticket, joint acc, etc.

[queeniebake]

Is anyone can help me with the question ? Thanks.

[marfil]

I am in a similar situation

I just finished my Master's, I applied for OPT to get EAD, got and answere the EAD card is been approved. Now my husband got his US citizenship. We are going to submit my application for AOS (I485) I have read in other forums EAD trhough OPT is not valid as soon as I apply of AOS. What should I do then?

[queeniebake]

I've heard that in the interview the immigrant officer would ask whether I am still on F1 status or not. If I dont keep the status while waiting for the approve, will it okay ? Somebody just suggest that I should keep my status until I got the approve for AOS, but I dont really have enough money to maintain F1 status. Please tell me what should I do ? Thanks

After applying for a 485, you needn't maintain your F1 status.

[txh1b]

Technically, F1 status needs non-immigrant intent. Once an immigrant petition like I1485 is filed, the person no longer has non-immigrant intent and hence continuing on F1 status is arguably a gray area.

Once a I485 is pending, the person can choose to be a parolee and need not maintain the previous status if it is a dependent. The primary still has some responsibilities if it is an employment based petition.

Who are the people that you heard from? Attorneys? Don't talk to people that don't have complete knowledge about the subject. Rather, consult an attorney.

[queeniebake]

Txh1b, thanks for your reply. I spoke with people who are working at the attorney office. They suggest that I have to keep the F1 status. That's why it confused me.

However, now I got a big issue. When waiting some procedures to be done such as getting medical examination report, filling the forms, etc., I wanted to be still in F1 status to be legally staying in the US after graduation, so I checked with the school to ask for a new I-20. After a month to ask for the bank statement and other things, the president of International services at school told me that I was out of status due to my I-20 has been auto-completed since November 16, 2007. At that time, I was in my country and just back to the US since December 13,2007. If my I-20 was auto-completed by the system, how could the immigrant officer in the airport let me enter? I told the president of my school about that and showed him every evident that I got. He agreed with me that could be some mistakes happened with my case in the SEVIS system but he couldnt reinstate the status because it's been over 180days since November 16, 2007. Therefore, he suggested me that he will issue a new I-20 with a new SEVIS number and I have to go back to my country and apply for a new visa. Actually, my visa still valid until August 2008, but the I-20 is invalid since May 31,2008 ( thats a reason why I want to apply for a new I-20 ). The school said that I can use my current US visa to enter the US with the new I-20 that they will issue for a few days later after today. Also he suggested that I could go anywhere outside the US such as Mexico and come back for a small trip, but it doesn't seem right because Mexico is not my country and the visa that I have was not issued in Mexico. I asked how sure he is to confirm that I could use the current visa to enter and he said he wasn't sure, so the best thing for me to do is going back to my country and come back to the US from there. Its costly if I do that but he seemed not care.


I dont want to go back to my country and it definitely is not my fault to be out of status because I dont know when and how my I-20 has been auto-completed. I dont want to be separated from my husband and dont want to waste my time, my money for something happened not based on my fault. I just talked to some laywers. Some of them said that I still can file the forms I-130/I-485 concurrently based on marriage with a US citizen despite of being out of status and I still stay here legally after filling these forms because I am not illegal but overstay only. As long as I married with the US citizen, it should be fine. However, some of them said that I have to come back to my country and wait for my husband to file the form I-130 to sponsor me and bring me back here from my country. That is not the way we want to do. Please help me, I dont know who I can trust. I believe the school messed up my paper and they could try to be irresponsible for their mistake by forcing me to go back to my country. I got evidences that I arrived to the US in December 2007, the tuition fee, grade and degree that I earned from school after graduation to show that I keep my status as a full time student during a time the I-20 was supposed to be auto-completed which is unreasonable and ridiculous. Please tell me what should I do now ? Shall I file the forms and stay in the US ? I want to sue the school or the SEVIS system for messing my paper up, is it okay ? The president from school said that I could not win if I sue the system because they will not confess that they made a mistake with my case and they would sue me back for the fraud based on my I-20 that I used when entering the country, but actually I didnt do that. Every contacts to the SEVIS should be done by the school, I have no right to contact the SEVIS myself. So I have no idea how and when my I-20 has been auto-completed. It should be the school's responsibility. They should let me know and should issue me a new I-20 to enter the country when necessary.


The reason I want to reach you is asking for your favor to help me. Please let me know what is the best thing for me to do now. Based on the SEVIS system in November 16, 2007, I am already out of status ( over 180 days ) so I have to leave the country within a week from now. Based on the duration time of 60 days left after finishing the school I am also out of status over a month since May 8, 2008 thank to my school. But I am in a time of filling I-130/I485 concurrently so I really do not want to leave the US. I rather stay here with my husband. Please help me. I have less time to decide so I need your reponse as soon as possible. Thanks in advance.

[txh1b]

My take on your case.

I am unsure what the auto-complete nonsense is. But, you should talk to a good attorney on your issue. You should not leave the US at all and forget about maintaining F1 status or getting back on F1 status. File the family based GC application ASAP though a good attorney. Use the famous ones even if they cost some $$.

Again, do not leave the US as you could be banned from entering for 3 years. You should only leave after you get your GC.

I am not a lawyer and am not qualified to give legal opinion and your case very much deserves a consultation.

Forget about suing the Sevis etc. Get your GC first. One lucky factor in all this is that your husband became a citizen. Otherwise, it will be such a mess.

How did you manage to get a F1 visa when you were married to a GC holder? Hope you never lied on the visa application as unmarried etc which could complicate your I485 case due to misrepresentation.

Good Luck!

[queeniebake]

Thanks for your quick response. Unfortunately, I claimed as single when I maintain F1 status. What should I do now ? I am so worry now.

[txh1b]

Talk to a lawyer. You are in a big mess if a very observant and strict AO gets your case. Misrepresntation is grounds for denial. Not to scare you or add worries to your already worried soul, but it is bad that you did that.

[queeniebake]

I dont know any good lawyer around here ( Virginia ). Do you know anyone that can help me with ?

[queeniebake]

Thank you. I will ask tomorrow. Sleepless tonite.

[txh1b]

Thank you. I will ask tomorrow. Sleepless tonite.

No point in losing sleep over it. Get some rest and you can still do some research tomorrow.

[queeniebake]

I am losing my hope now. My ignorance is to claim as an unmarried and now it seemly hit me in the head. I dont know what to do now. I reached for some advices from attorneys. Some of them said that the INS could deny my file based on the overstay/out of status and probably misrepresentation. I dont know how to explain it since everything in our marriage is all real and true. If the INS cannot see my marriage in good sight althought I will show every evidences to confirm the real marriage, they will deny my files. What should I do ? I cannot live without my husband.