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Filed: AOS (pnd) Country: Laos
Timeline
Posted

I graduated from an US University and got accepted to an MBA program at the same school. However, I got married and am going through the AOS process before my MBA starts. I decided to put my MBA on hold, and find work to gain experience. School recently called me and told me that I can't get married without their permission, and they will do anything in their power to stop my AOS process, meanwhile terminating my F1 status. 

 

Can they do that? I didn't know you have to ask their permission to get married. 

Are they scaring me so that I will have to get my MBA at their school? 

Is it legal for them to stop my AOS process? 

What should I do?

 

Filed: AOS (pnd) Country: Laos
Timeline
Posted
Just now, Georgia16 said:

Why on earth would they think that you should ask them permission to get married!?? 

 

 

They are straight-up bullies. They said until my AOS is done, I still have to answer and report to them. And more importantly, I can't quit school even when I haven't even started. 

Filed: Citizen (apr) Country: Denmark
Timeline
Posted
2 minutes ago, Hope&Love said:

They are straight-up bullies. They said until my AOS is done, I still have to answer and report to them. And more importantly, I can't quit school even when I haven't even started. 

They don't own you. this seems silly lots of studens get married while here to study.

 

 

 

 

Filed: AOS (pnd) Country: Laos
Timeline
Posted
Just now, Georgia16 said:

They don't own you. this seems silly lots of studens get married while here to study.

Question is: Will termination of my F1 status affect my AOS process even when it's 3 months in?

Posted

Found this http://www.immigratetoamerica.org/f-1-student-j-1-exchange-adjustment-of-status-common-questions-and-answers/

 

"Q: I am a Chinese citizen and I am here in the U.S. working on my masters degree. I came here with an F1 Visa in January. I just married my boyfriend who is a U.S. citizen. We are filling the I-130 and the I-485 concurrently. I do have a concern. I knew my boy friend before I came to this country to study. He had visited me in China a year before I came here. We did NOT have intentions of getting married until recently. Let me rephrase that, “I” did not have intentions of marrying him before I came here to the U.S. to get my masters degree. He may have had other desires. But now I want to marry him. My question is, will/could our relationship before I received my F1 Visa, cause us a problem in me getting a green card?

A: No, this is absolutely fine and in fact many people have already received green cards this way. Remember that this is America and even the government, USCIS, understands people change their minds and all that. What you described is exactly what you should tell the USCIS. There was no formal commitment when you came here to study and therefore it is absolutely fine that after a while you decided to marry your boyfriend. There will be no problems if this is your only concern."

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Posted
2 minutes ago, DrEllaNJ said:

I highly doubt the school is telling you to ask for permission to get married or stop your AOS.

 

However,

- you can't be in F-1 status if you're not actively enrolled in school. Part of the F-1 regulations are that you have to be enrolled as a student

- you want to gain work experience - do you have employment authorization? Do you have OPT? If not, you'll have to wait until you get your EAD (about 3 months after you file your i-130/i-485/1-765/i-131)

- have you already submitted your AOS forms? (fill in your timeline!) if not, do this ASAP-http://www.visajourney.com/content/i130guide2

- if they terminate your F1 status which they should because by not taking classes you can't be in F1 status, you are out of status, but that is forgiven for spouses of USC (which is why it's important to file ASAP)

- in general, people recommend you stay in status while AOS is pending, so to maintain F1 status by following classes or working on OPT - but that's not an absolute requirement. This is just so in the unlikely event your AOS gets denied, you don't accrue unlawful presence

- part of your F1 regulations is that you inform them of every change in address, status (including marital status and immigration status) etc. So they have every right to ask you to inform them when you get married or move, because this is how you got to the US in the first place

 

Bottom line: they can't stop you from getting married or filing for AOS. But if you don't follow the rules for F-1 status, they can terminate your F-1 status.

 

But they were F1 when they filed I assume. 

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Filed: Citizen (apr) Country: Denmark
Timeline
Posted
5 minutes ago, DrEllaNJ said:

I highly doubt the school is telling you to ask for permission to get married or stop your AOS.

 

However,

- you can't be in F-1 status if you're not actively enrolled in school. Part of the F-1 regulations are that you have to be enrolled as a student

- you want to gain work experience - do you have employment authorization? Do you have OPT? If not, you'll have to wait until you get your EAD (about 3 months after you file your i-130/i-485/1-765/i-131)

- have you already submitted your AOS forms? (fill in your timeline!) if not, do this ASAP-http://www.visajourney.com/content/i130guide2

- if they terminate your F1 status which they should because by not taking classes you can't be in F1 status, you are out of status, but that is forgiven for spouses of USC (which is why it's important to file ASAP)

- in general, people recommend you stay in status while AOS is pending, so to maintain F1 status by following classes or working on OPT - but that's not an absolute requirement. This is just so in the unlikely event your AOS gets denied, you don't accrue unlawful presence

- part of your F1 regulations is that you inform them of every change in address, status (including marital status and immigration status) etc. So they have every right to ask you to inform them when you get married or move, because this is how you got to the US in the first place

 

Bottom line: they can't stop you from getting married or filing for AOS. But if you don't follow the rules for F-1 status, they can terminate your F-1 status.

 

they already filed the AOS. She will be fine with her AOS

 

 

 

 

Filed: AOS (pnd) Country: Laos
Timeline
Posted (edited)
9 minutes ago, DrEllaNJ said:

I highly doubt the school is telling you to ask for permission to get married or stop your AOS.

 

However,

- you can't be in F-1 status if you're not actively enrolled in school. Part of the F-1 regulations are that you have to be enrolled as a student

- you want to gain work experience - do you have employment authorization? Do you have OPT? If not, you'll have to wait until you get your EAD (about 3 months after you file your i-130/i-485/1-765/i-131)

- have you already submitted your AOS forms? (fill in your timeline!) if not, do this ASAP-http://www.visajourney.com/content/i130guide2

- if they terminate your F1 status which they should because by not taking classes you can't be in F1 status, you are out of status, but that is forgiven for spouses of USC (which is why it's important to file ASAP)

- in general, people recommend you stay in status while AOS is pending, so to maintain F1 status by following classes or working on OPT - but that's not an absolute requirement. This is just so in the unlikely event your AOS gets denied, you don't accrue unlawful presence

- part of your F1 regulations is that you inform them of every change in address, status (including marital status and immigration status) etc. So they have every right to ask you to inform them when you get married or move, because this is how you got to the US in the first place

 

Bottom line: they can't stop you from getting married or filing for AOS. But if you don't follow the rules for F-1 status, they can terminate your F-1 status.

 

I met my Husband during OPT, we got married 2 months before OPT ended. We have filed for AOS 3 months now. I completed Undergraduate as F1 visa purposes. I thought I wanted to get MBA full-time but turned out, I'd rather get a job and go to school part-time. 

Edited by Hope&Love
Posted (edited)
2 minutes ago, Hope&Love said:

I met my Husband during OPT, we got married 2 months before ended. We have filed for AOS 3 months now. I completed Undergraduate as F1 visa purposes. I thought I wanted to get MBA full-time but turned out, I'd rather get a job and go to school part-time. 

They can't touch your AOS, don't be worried or scared. You are fully legal and doing things the correct way. Good Luck to you :)

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Posted

If you filed for AOS due to your marriage with your USC spouse, then they cannot do anything to affect your AOS. I think maybe they believe you are filing for AOS based on your prior status or don't understand how marriage to a USC works for AOS...? Either way, you're fine.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: AOS (pnd) Country: Laos
Timeline
Posted
3 minutes ago, Suss&Camm said:

They can't touch your AOS, don't be worried or scared. You are fully legal and doing things the correct way. Good Luck to you :)

Will they ask why did I decide to not get MBA in the AOS interview?

Posted
1 minute ago, Suss&Camm said:

But they were F1 when they filed I assume. 

I had no idea where they were in the timeline, just trying to interpret here because as I said, I highly doubt the bullying version. School officials are concerned with having their students maintain status. And they usually have a much better idea about F1 regulations than students, just fyi.

OP, do you have your EAD yet? Because now that your OPT has ran out, you need some kind of other work document.

 

Tell the university officials exactly where you are in the AOS process. You probably will be kicked out of F-1 status, but as I and previous posters have said, that's not a problem since you're already in the AOS phase. When you get your green card, you can report that to the international office, and they'll bid you farewell (and probably be happy to see you go, as they won't have to worry about you anymore. Don't take this personally :))

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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