Difficult situation - F1 married to US citizen

[Katherine93 30]

it's interesting how you can predict if/when another person will get their GC by.

a DSO at an international office does NOT work for uscis/dhs, meaning you shouldn't seek advice about your status from them.

if you are out of status, your i20 is void, as most likely, depending on how long you have been OOS, the DSO would have terminated your SEVIS. OP, as others have stated, your best bet is to apply for AOS and apply for AP also.

Yeah every time I go to the international office their advice is pretty limited to my student status.

And no I'm not out of status. I have a valid I20 till end of 2017 and an active SEVIS. I have been going to school full-time and complying with all the rules. What I was worried about is whether having a USC spouse would show immigration intent and affect my chance of renewing/re-applying F1

[Sean and Kristina 24]

My husband was officially accepted into his graduate school while we were engaged and planning our wedding. We didn't want anything to jeopardize all the hard work he had put into applying (which he started the process before we were engaged) and getting accepted into his school by being married to a US Citizen. So we delayed getting married until after he was approved for an F-1 visa and he completed his first semester. I really think it would raise a few eyebrows if you applied for a non-immigrant visa while you are married to your USC spouse.

[Katherine93 30]

My husband was officially accepted into his graduate school while we were engaged and planning our wedding. We didn't want anything to jeopardize all the hard work he had put into applying (which he started the process before we were engaged) and getting accepted into his school by being married to a US Citizen. So we delayed getting married until after he was approved for an F-1 visa and he completed his first semester. I really think it would raise a few eyebrows if you applied for a non-immigrant visa while you are married to your USC spouse.

Yeah that's what i'm worried about. We just don't have all the paperwork that we need to file AOS until next year. I miss my family a lot and I'm hoping that I will be able to see them this Christmas. But then I would have to go back home and re-apply for the F1 visa. I have heard mixed comments so far...it concerns me because just like your husband, I worked really hard in school to get this far and don't want to jeopardize it.

[Boiler 43,429]

I would get the docs together and file now, you can travel with AP.

F1 is a non immigrant visa and you seem to want to use it to immigrate.

[Katherine93 30]

I would get the docs together and file now, you can travel with AP.

F1 is a non immigrant visa and you seem to want to use it to immigrate.

Yeah I'm trying to figure out if we can use his current income (last 6 months' paystubs and employer letter) to meet the income requirement. That's the only thing that's holding us back from filing. My husband didn't make enough last year but his new job this year pays enough to meet the income requirement. We also can't find a co-sponsor so this is the only way.

[Boiler 43,429]

Sounds like you are good to go.