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Marrying a F-1 Visa... very lost, please help!

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Hello! Please help if you are able! I am very lost!

I am a U.S. citizen, my boyfriend is a citizen of Brazil but has been the F-1 visa since 2009. We have been dating for 18 months, and I do not know if any of you can relate, but there are definitely hardships dating someone on a student visa!

Recently, we have run into a problem with his work permit... His international advisor told him it would be cheaper and faster to ask for CPT, but now another advisor is saying that his major doesn't actually need CPT, so it has a high chance of getting denied and could put his OPT in jeopardy, he graduates this December. His work permit expires in August. We were in Brazil all summer, so when we get back, it will only be a couple days of expiration...and you know how long it takes to get approved!

Now, his school's tuition has increased. Although he is on two sports scholarships, his $14,000 has increased to $28,000, just for his last semester. He really only needs one class, but has to remain a full time student for his F-1 visa.

We are planning to get married when we get home.. so my questions.... :idea:

If we are married and file for AOS before school starts, is he able to change to a part time student?

During AOS, can he still ask for CPT? Is it smart to apply for CPT, go to part time student and forget about OPT? Because by graduation he will more than likely have his EAD????/

ANY INFO IS APPRECIATED MORE THAN YOU KNOW! We are a little lost here and would like to avoid lawyer fees!! Thanks in advance!! (L)

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As an F1 student he can ask for reduce course load for his last semester if in his final term less than full time is required to complete the course of study. I think you can study while in AOS (depends on school/state) but he might have to still pay non-resident fee. He should ask his school about it. EAD takes about 60 days. You should check AOS forum and ask your questions there...


11/07/2013 - Sent in our applications (I-130, I-485 and I-765)

11/09/2013 - Delivery confirmed via USPS tracking

11/12/2013 (Day 01) - Application received

11/15/2013 (Day 03) - Checks cashed

11/17/2013 (Day 05) - Text and email notifications received

11/21/2013 (Day 09) - Received NOAs

11/26/2013 (Day 14) - Received biometrics appointment for Dec 9

11/26/2013 (Day 14) - Biometrics walk in

12/19/2013 (Day 37) - Call to expedite I-765

12/26/2013 (Day 44) - Status changed to testing and interview / Sent evidence to expedite EAD

01/10/2013 (Day 59) - EAD card production email/text

01/14/2013 (Day 63) - EAD card mailed email/text

01/14/2013 (Day 63) - EAD card tracking notice

01/15/2013 (Day 64) - Interview day email/text

01/16/2013 (Day 65) - EAD card arrived

02/19/2013 (Day 97) - Interview---Approved!!

02/24/2013 (Day 102) - Welcome Notice and I-130 approval notice

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F1 Student Visa is a non immigrant visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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