f-1 status and divorce document

[Brian&Ivy 1]

Hi there,

I have 2 questions regarding application. My husband, who is citizen, had a failure marriage in other country where the native language is not English. Do he need to go to Embassy or some notary place to translate?

The other is my current status is F-1, my understanding is if I get i485 notice, my student visa expires. Is it correct?

Thanks,

[Little_My 463]

Your husband will need the original divorce decree, and an english translation by a translator with a certificate attesting to the translator's ability to translate fluently from the original language to english. For something like a divorce decree, I would get it translated by a formal translator.

Yes, your F-1 status technically is voided when AOS is filed. However, you can continue to go to school normally during the AOS process.

[seth2013 39]

I had heard from my lawyer that the F-1 visa status is not voided unless you do something that violates the terms of your visa (because my husband is still on his right now), such as work over 20 hours per week with EAD, or work off campus, or leave the country on advance parole (since you couldn't use your I-20 to return).

[Little_My 463]

My understanding is that the problem would mainly arise if AOS was denied for an F-1 holder. As F-1 is a non-immigrant visa, and filing AOS clearly establishes immigrant intent, my understanding is that even if an AOS applicant had obeyed F-1 rules while AOS was pending, he/she could not merely fall back on that F-1 status if AOS was denied.

[seth2013 39]

That would be true if you were to leave the country. Fortunately, since he is already here and the visa is used for entering the US, the visa remains valid as long as he doesn't leave.

Now, if he were to go back to his country for some reason, then there would be trouble when re-entering!

[Brian&Ivy 1]

That would be true if you were to leave the country. Fortunately, since he is already here and the visa is used for entering the US, the visa remains valid as long as he doesn't leave.

Now, if he were to go back to his country for some reason, then there would be trouble when re-entering!

thanks for ur info! really helpful!

So can I withdraw my school tuition after I receive 485 notice? My new term I-20 starts Aug 2, 2012 and expires Feb 2, 2013. I will file my petition this weekend and I guess I can get receipt number next month. Is my status legal that time?

[seth2013 39]

By withdraw your tuition, do you mean you will drop out of school? Withdrawing from school would violate the terms of your visa, so you couldn't do that and stay in status.

However, if you apply for the AOS right away (or before you withdraw from school) there wouldn't be any consequences (that I am aware of) since you would be relying on the AOS to stay in the country legally.

[Brian&Ivy 1]

By withdraw your tuition, do you mean you will drop out of school? Withdrawing from school would violate the terms of your visa, so you couldn't do that and stay in status.

However, if you apply for the AOS right away (or before you withdraw from school) there wouldn't be any consequences (that I am aware of) since you would be relying on the AOS to stay in the country legally.

yea, i plan to withdraw after i receive 485 receipt..

good luck with ur interview!!