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lizzymar27

F1 visa holder applied for AOS (LPR husband) can i quit school?

By lizzymar27 in Adjustment of Status from Work, Student, & Tourist Visas

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Cheezees Mentor

Cheezees   1,514

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Filed: Citizen (apr) Country: Trinidad and Tobago
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Although I personally find it very backwards that we allow international students to study here and then immediately rush them out the door...that is currently the case...

I do not consider 1 year of OPT after each degree earned to be "rushing them out the door". It's the opposite, IMHO.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Cheezees
Cheezees

No. Your legal status is still that of an F1 student. Until that changes, you abide by the terms of your I-20 which requires your enrollment. The AOS is not a free pass and the approval of your appl

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You have to be in status to adjust status.

SamSam85 Collaborator

SamSam85   47

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On 10/15/2016 at 10:40 AM, lizzymar27 said:

Hi guys

i've been maintaining my status but i'm so tired that i really want to quit school.

I applied for AOS, and I'm expecting my receipt soon.

can quit the school once i get it?

please, reply only if you have been in the same situation, i have asked so many attorneys and all of them said something different. i want the opinion of somebody who actually had the same conditions!

Hi, do you have any updates on this? did you get to find the right answer?

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SamSam85 Collaborator

SamSam85   47

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On 10/17/2016 at 7:32 AM, halo101 said:

Based on I've been reading for the last two years, it is LEGALLY OK to quit school once you file I-485. You also need to let your school know your I485 filing so that SEVIS can be updated. But it is strongly recommended to maintain F-1 status just in case your I-485 is denied which still has a small chance of possibility. If you can live with this small chance of I-485 denial, you may do so. Again, the above is from what I've been reading from many forums.

My case is similar. I just sent my I-485 based on filing date (I-130 PD 6.29.2015). My foreign wife is graduating this fall and adjusting from F1. Because I filed I-485, work permit, and advance parole two weeks ago, she is not planning to apply for OPT (again, I understand the risk of small possibility of denial) once we get the receipt notice.

Please let me know if I am going to wrong direction. Thank you for your help in advance

Hi, did you get to find any answer on this issue? was it eventually ok to not maintain status?

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halo101 Rookie

halo101   0

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Filed: AOS (pnd) Country: Ukraine
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On 10/15/2017 at 8:55 PM, SamSam85 said:

Hi, did you get to find any answer on this issue? was it eventually ok to not maintain status?

Still I-485 pending, no interview yet. 

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halo101 Rookie

halo101   0

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Filed: AOS (pnd) Country: Ukraine
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17 hours ago, SamSam85 said:

so you are no longer on F-1 status, right? did you discuss this with an Immigration lawyer to check if it is ok or not to be out of status with AOS pending?

Also, is there an issue travelling with AP?

Dropping F-1 status after filing AOS is not a problem unless you fail the interview later.   One will have "I-485 pending status".  Some people recommend to maintain another legal status just in case one fail the interview.  Lots of people with similar situation reported no issues with AP travel. 

 

Again, it is YOUR CHOICE and responsibility.  You just have an option.  

 

We just have our interview scheduled on Nov.  I will report the result later.

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SamSam85 Collaborator

SamSam85   47

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17 minutes ago, halo101 said:

Dropping F-1 status after filing AOS is not a problem unless you fail the interview later.   One will have "I-485 pending status".  Some people recommend to maintain another legal status just in case one fail the interview.  Lots of people with similar situation reported no issues with AP travel. 

 

Again, it is YOUR CHOICE and responsibility.  You just have an option.  

 

We just have our interview scheduled on Nov.  I will report the result later.

Yeah, I am thinking about it. I will finish school in few months. I do not think that I will get my interview scheduled before then. How long you have been waiting for interview?

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halo101 Rookie

halo101   0

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Filed: AOS (pnd) Country: Ukraine
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2 minutes ago, SamSam85 said:

Yeah, I am thinking about it. I will finish school in few months. I do not think that I will get my interview scheduled before then. How long you have been waiting for interview?

In Houston, TX, it will be 13 month and 20 days after filing I-485.

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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5 minutes ago, SamSam85 said:

wow that is a long time. Are you saying that they won't schedule the interview unless your priority date is current?

That's how it works with an LPR marriage.  Plus any overstay is not forgiven like with a USC marriage. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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SamSam85 Collaborator

SamSam85   47

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3 minutes ago, NikLR said:

That's how it works with an LPR marriage.  Plus any overstay is not forgiven like with a USC marriage. 

No overstays. I filed I-485 and still a full-time F-1 student until this moment. My question was what happens once I finish school in few months. It seems like it is ok not to have a fall-back status assuming the interview goes ok.. 

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halo101 Rookie

halo101   0

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Filed: AOS (pnd) Country: Ukraine
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Posted (edited)
3 hours ago, SamSam85 said:

wow that is a long time. Are you saying that they won't schedule the interview unless your priority date is current?

The interview date varies a lot based on the location.  My priority date was "current" about 6 month ago.  You won't get an interview within a year even if you are a spouse of US citizen in HOUSTON. 

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SamSam85 Collaborator

SamSam85   47

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26 minutes ago, halo101 said:

The interview date varies a lot based on the location.  You won't get an interview within a year even if you are a spouse of US citizen in HOUSTON. 

oh I see, but the same question applies, say there are available interview slots, would they schedule one for spouse of LPR before priority date current?

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