F-1 part time student and AOS

[cj2701 0]

Hello all,

First time poster here. A little background about me. I have been an F-1 student since 1996 and F-1 has been expired since 2001 but I have not left the country since, hence been in status. Now I got married two weeks ago and been preparing to file paper work for AOS (thanks to you all for the info!).... I will be filing for AOS in two weeks since I am waiting for sponsors to get their new tax forms..

Now the problem is classes started two weeks ago and currently I am trying to remain full time with 3 graduate classes but have been unable to get an extra class. Tried to get over tally but been unsuccessful potentially making me out of status on my I-20...

I've read that individuals who drop out have 15 days to leave the country but have not found information in terms of being a part time student and how it affects once status... Being that I will be filing AOS, would be okay if I just take two classes and be part time or its better for me to try take another class thats irrelevant to my studies just for the sake of remaining full time and remain on status?

Regards,

nimbuz

[kcoyclay1 98]

I do not think you are allowed to attend school if you are not allowed to attend school on an expired school visa. That will cause flags at your interview. Once you file, & the petition is accepted things change. You can continue school once you receive your GC.

You don't need the sponsor to file new tax form unless the last one did not meet the poverty guideline. Keep in mind that your husband is the sponsor and has to fill out the I-864 form even if his income is below the poverty guidelines. If it is, you will also need a joint sponsor or household sponsor. All the best.

[kcoyclay1 98]

Hello all,

First time poster here. A little background about me. I have been an F-1 student since 1996 and F-1 has been expired since 2001 but I have not left the country since, hence been in status. Now I got married two weeks ago and been preparing to file paper work for AOS (thanks to you all for the info!).... I will be filing for AOS in two weeks since I am waiting for sponsors to get their new tax forms..

Now the problem is classes started two weeks ago and currently I am trying to remain full time with 3 graduate classes but have been unable to get an extra class. Tried to get over tally but been unsuccessful potentially making me out of status on my I-20...

I've read that individuals who drop out have 15 days to leave the country but have not found information in terms of being a part time student and how it affects once status... Being that I will be filing AOS, would be okay if I just take two classes and be part time or its better for me to try take another class thats irrelevant to my studies just for the sake of remaining full time and remain on status?

Regards,

nimbuz

When married to a US citizen, being out of status is pardoned at adjustment. There is no penalty. Only those who entered without inspection by border patrol are unable to adjust. You will be fine and able to attend school part-time or full-time after you get your GC.

[cj2701 0]

I do not think you are allowed to attend school if you are not allowed to attend school on an expired school visa. That will cause flags at your interview. Once you file, & the petition is accepted things change. You can continue school once you receive your GC.

You don't need the sponsor to file new tax form unless the last one did not meet the poverty guideline. Keep in mind that your husband is the sponsor and has to fill out the I-864 form even if his income is below the poverty guidelines. If it is, you will also need a joint sponsor or household sponsor. All the best.

I apologize since I believe I cause some confusion. My F-1 is still valid since I have not left the U.S, therefore currently possess a valid I-20 thus far. I just fear that since I have not been succesful in adding a class and remain full time status, if it will affect my AOS procedure.

Also, we have a joint sponsor already since my wife recently graduated and thus not meet the requirements.

Edited February 4, 2012 by Nimbuz

[Soapz 14]

As an F1 you are required to maintain status by having a full course load. that being said, you need to talk to whoever handles international students at your school - they can make an exception which you should have applied for before class starts. You could also look for a mini-session or a course that starts in the 2nd Nine-week and add that. If by then you have sent off your application and USCIS has received it - you can drop it just before it starts.

[BzmommytoAmerican 8]

You are out os status period. You dont attend school and mantain afulltime course load they cancel your i-20 nomatter if you arestill in the US

[cj2701 0]

Thanks for the replies... Unfortunately, my college reimbursement policy for dropping a class deducts 25% of tuition for every week passed after start of the semester so dropping a class would be waste of $$. I will however try to add another class but next question now would be... which I am unsure if it should be posted under student section is, if I were to take an irrelevant class (being that I have unsuccesfuly tried adding a class related to my major), would that still make me out of status? Or as long as I have full time course load, it does not matter what classes I take?

[Little_My 464]

There are some responses here that are everything but fully accurate and some just point blank wrong..

Yes, you are right - even if your F1 has expired, but you have been a student with a valid I-20 the whole time, you are still under F1 status and haven't violated it or overstayed it so far.

However, even if you had fallen out of status earlier, or if you technically fall out of status now because you are not taking a full-time course load, it doesn't really matter in terms of your AOS. First of all, once the AOS package is received by USCIS, you enter a new period of authorized stay that is no longer tied to your F1 status, but the pending AOS. Therefore, after the package has been received, you're also no longer bound by the F1 rules. You can remain here legally until you have a decision on your AOS, and you can also keep studying while waiting, but even if you drop below full time you won't be violating your status.

It takes a while for a school to inform SEVIS that a student has dropped below full-time course load and for his/her SEVIS record to be cancelled, so I highly doubt this would happen before you file for AOS - but, eben if it did, it won't matter. Overstay is irrelevant for people who adjust status based on marriage to a USC. People who have overstayed visas for years adjust status without problems all the time, so even if you did fall out of status for a matter of few weeks, it really won't be an issue for the AOS. I wouldn't worry about the full time course load issue at this point - make sure you have all the necessary docs for AOS and everything has been filed correctly, and concentrate on getting that process done right.

[cj2701 0]

There are some responses here that are everything but fully accurate and some just point blank wrong..

Yes, you are right - even if your F1 has expired, but you have been a student with a valid I-20 the whole time, you are still under F1 status and haven't violated it or overstayed it so far.

However, even if you had fallen out of status earlier, or if you technically fall out of status now because you are not taking a full-time course load, it doesn't really matter in terms of your AOS. First of all, once the AOS package is received by USCIS, you enter a new period of authorized stay that is no longer tied to your F1 status, but the pending AOS. Therefore, after the package has been received, you're also no longer bound by the F1 rules. You can remain here legally until you have a decision on your AOS, and you can also keep studying while waiting, but even if you drop below full time you won't be violating your status.

It takes a while for a school to inform SEVIS that a student has dropped below full-time course load and for his/her SEVIS record to be cancelled, so I highly doubt this would happen before you file for AOS - but, eben if it did, it won't matter. Overstay is irrelevant for people who adjust status based on marriage to a USC. People who have overstayed visas for years adjust status without problems all the time, so even if you did fall out of status for a matter of few weeks, it really won't be an issue for the AOS. I wouldn't worry about the full time course load issue at this point - make sure you have all the necessary docs for AOS and everything has been filed correctly, and concentrate on getting that process done right.

Thank you Little_my, this clears alot of questions and fears. I will definitely file for AOS soon and triple check all the documents and will open a new post if further help is needed. Once again, thank you all for your help.

[Penguin_ie 5,994]

**** Moving from AOS from Family Visa to AOS from Student Visa as OP is here on an F1 ****