Came on F-1 and married a USC a year later...

[True Love at Last 15]

Hi everyone.....I am actually asking a question for a friend of mine. Her new husband came on a Student visa about a year or so ago. They got married the other day and now they would like to proceed with the permanent residency.

BUT, the case is now a bit complicated. He spoke to his Student Advisor and asked if he could take the Summer off and then transfer from his college in Nebraska to one closer to his wife in Louisiana. His advisor said it was fine. He enrolled at a school here in Louisiana, but the school took so long with his transfer papers that it has put him out of status. He is traveling to the Saudi Embassy to try and fix his student visa issue, but in the event that he cant get reinstated can she go ahead and file his AOS???

He has an expired F-1 now and is legally married to a USC. Is AOS still an option for him so that he can continue to stay legally???

Anyone with helpful information on this subject would be greatly appreciated.

My opinion is: I told her that she should file for the AOS as soon as possible, a long with EAD. This would give him the ability to stay during the AOS process and he may receive the EAD prior to getting the greencard so he can work just in case he cant fix his F-1. After he gets the AOS (Greencard) he can return to school on Federal Grants to finish his studies. I hope that I gave her the right advice.

[asia1324 0]

Hi,

There is a 60 day grace period after F1 expires and thats when my hubby applied.

We have already received the EAD and AP. I had the same concern, but when I

called USIC they said that as long as the person entered the country legally they

can apply.

Hope that helps!

[VSfansfans 2]

[I am on F-1 also. Here are some information for your/your friend reference:

1) As far as I know, an F-1 student has to maintain full-time (12 credits) during REGULAR SEMESTER ONLY, which is Spring and Fall semester (not too sure about quarters), and so I skip my summer courses before too. Therefore, I think your friend's husband is OK to take the summer off, however, please do not leave US since his F-1 is expired. If he leaves the country, he needs to renew his visa in his home country first, and have the school signed the I-20 to show that he is still a student in the US, so he can get back in.

2) If he is not planning to leave the country right now, it is OK to have an expired F-1 as long as he stays as a full-time student, just renew it when he goes back home/before coming back to US.

3) If he decides to file AOS, then he doesn't have to worry about the F-1, because one he send the AOS package, he is no longer in F-1, he is just someone who is in "pending" status, but can still stay in the US (make sure don't leave the US, and don't commit any crime!

4) He can just go ahead and file the AOS (since he got married already), AP (he can travel in and out of the country before he receives the green card), and EAD (to work without any restriction)

Hope these help.