Questions regarding F-1 to AOS

[salili 0]

Dear All,

I am new here, and have couple questions to clarify before we file AOS for my future husband.

Me: USC

Full time job in Northern VA since 2006

Him: Currently on F-1 student visa

Full time PhD student in Southern VA

Entered U.S. in summer 2005

F-1 visa expire in May 2010

Expected graduation for PhD in December 2010

We are planning to get married this year, and are trying to figure out the best time to file the AOS.

Below are our questions:

1. Confirm that he's eligible to stay on campus pursue studying after we file AOS.

2. Since he'll lose his F-1 status after USCIS receive the application, does that mean he also lose his assistantship? Since technically he'll still be working for the professor during the application, do we just lose the three months (approximately 90 days) worth of assistantship?

3. I am planning to change my name after we get married, should we file AOS after I get my passport/ driver licenses/ bank statement/ pay stub with the new name on the document?

Is it okay to list my new name and old name on the application, and all supporting document still show my old name?

4. Since we live apart (and most likely will last for a while after marriage), we may not have joint lease when we file AOS. Will Joint bank account statment be sufficient to prove co-mingling of financial resources?

5. We're worried if we fail the interview, is there any way for him to go back to the F-1 visa to finish his study? There is a discussion that if AP/ EAD is used, then one has to leave the U.S. and reapply for F-1 visa. If AP/ EAD is not used, then one can go back to F-1 visa without leaving the U.S. Please confirm if it's true.

Thank you in advance for your help!!

[jgc 0]

Hi, I think the best you can do is contact a lawyer. Ask to have a paid consultation with him/her. Then you can proceed with the paperwork without incurring the full lawyer's fees, unless you want to go that way. Best time to file is at least 60 days before his visa expires. I'm not sure what you can do once you file AND his visa expires. Best.

Dear All,

I am new here, and have couple questions to clarify before we file AOS for my future husband.

Me: USC

Full time job in Northern VA since 2006

Him: Currently on F-1 student visa

Full time PhD student in Southern VA

Entered U.S. in summer 2005

F-1 visa expire in May 2010

Expected graduation for PhD in December 2010

We are planning to get married this year, and are trying to figure out the best time to file the AOS.

Below are our questions:

1. Confirm that he's eligible to stay on campus pursue studying after we file AOS.

2. Since he'll lose his F-1 status after USCIS receive the application, does that mean he also lose his assistantship? Since technically he'll still be working for the professor during the application, do we just lose the three months (approximately 90 days) worth of assistantship?

3. I am planning to change my name after we get married, should we file AOS after I get my passport/ driver licenses/ bank statement/ pay stub with the new name on the document?

Is it okay to list my new name and old name on the application, and all supporting document still show my old name?

4. Since we live apart (and most likely will last for a while after marriage), we may not have joint lease when we file AOS. Will Joint bank account statment be sufficient to prove co-mingling of financial resources?

5. We're worried if we fail the interview, is there any way for him to go back to the F-1 visa to finish his study? There is a discussion that if AP/ EAD is used, then one has to leave the U.S. and reapply for F-1 visa. If AP/ EAD is not used, then one can go back to F-1 visa without leaving the U.S. Please confirm if it's true.

Thank you in advance for your help!!

Edited February 1, 2010 by jgc