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99jjeerwerc

help please!!!!!!!!! filing for residency question

By 99jjeerwerc in Adjustment of Status from Work, Student, & Tourist Visas

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99jjeerwerc Apprentice

99jjeerwerc   1

Posted
Filed: Timeline
Posted

Hi everyone,

I'd like to know of it's true that when you apply for AOS your current non-inmigrant visa becomes invalid. I have a student visa (F-1)and I'd like to know if I should stay in school while my process is pending.

Thank you in advance for your help

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

You can stay in school but you don't have to. Your F1 becomes invalid when you file the AOS, and you enter a new period of authorized stay that will be in effect while your AOS is pending.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

Erm... why would they threaten you with Dept of State? You mean the school telling you they will cancel your SEVIS record? Once your AOS has been received by USCIS, your status changes and you are no longer an F1. You do not have to continue studying while the AOS is pending, and you are authorized to be in the US. However, if your AOS case is denied for whatever reason, you will have to leave the US at that point.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

Erm... why would they threaten you with Dept of State? You mean the school telling you they will cancel your SEVIS record? Once your AOS has been received by USCIS, your status changes and you are no longer an F1. You do not have to continue studying while the AOS is pending, and you are authorized to be in the US. However, if your AOS case is denied for whatever reason, you will have to leave the US at that point.

If AOS is denied (at the interview or later on) he/she has right to dispute against it, I believe no one gives up after the denial.

School loves your tuition fee, so there wouldn't be any problem. If you has been following at the school over 1 year (in-state requirement), you can even ask for in-state tuition fee as well, it will depends on your school policy though.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

Yes, the beneficiary can file a motion to reconsider after a negative decision on AOS - what I meant by that was to make the point that the F1 status will no longer be valid, and he/she cannot remain in the US under that status after AOS has been filed.

My understanding of the poster's situation is that he/she actually does not want to continue studying after AOS has been filed, and is asking whether or not it is okay to drop out of school after the AOS paperwork has been submitted - and it is. He/she no longer has to maintain F1 status when AOS is pending.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

Oh yes, my bad about his/her intention.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

99jjeerwerc Apprentice

99jjeerwerc   1

Posted
Filed: Timeline
  • Author
Posted

I get it now. One more thing, Do I have to talk to the people in my school and let them know that I applied for AoS? or Do they "automatically" know that I'm no longer an F-1? I just don't want them bugging me and threatening me with letters.

By the way, thank you Little_My and NancyNguyen for your information.

NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

Nope, it is okay you just quit, but if you intent to come back sometime in future then you can let them know so they will secure your progress. When application is accepted, your status will be changed on the system automatically.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

 
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