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AOS from PhD F-1 without completing degree (extenuating circumstances)

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Filed: AOS (apr) Country: India
Timeline

Hi all, I've spent all weekend reading here and decided to create my own topic since I didn't find any similar threads. In a bit of a pickle, and on the verge of tears just trying to type this.

 

A few years ago my advisor passed away in the middle of my PhD program, and I switched projects with a significant setback in research progress (no similar professor to continue previous work with).

 

I intended to graduate this summer with my PhD, but I've just learned that because I've been in the program so long (~9 years), many of my classes have "expired" and can no longer be included on the paperwork needed to start taking the final two dissertation courses. I will need to retake several courses to finish, plus I don't think my current advisor is too keen to keep signing I-20 extension of stay request forms every year.

 

This PhD journey has been long, arduous, lonely, and heartbreaking, and I honestly cannot find the motivation to stay in it for another two years (~ late 2021 - early 2022 with the required coursework).

 

But I have a loving girlfriend (U.S. citizen) of three years (now-fiancée) who has been by my side through the whole process, and we got engaged last November with the intention to get married this fall (~Oct 2020) when I would otherwise have graduated by.

 

With this additional setback about the degree, we are considering getting married sooner (March?) and abandoning my PhD program so we can move on with our lives (I've given this a lot of thought). After getting married, we're hoping we can file our adjustment of status paperwork, I can get eventually get my travel and work authorization and hopefully permanent residency a little later.

 

Will we have trouble with this scenario, considering I didn't complete the degree that the F-1 was originally assigned for?

Edited by turbotails

Timeline for Adjustment of Status:

  • May 4, 2020 (0 days) - 'Application received' (I-485, I-765)
  • Feb 8, 2021 (9 months, 3 days!) - 'Fingerprints taken', one day after biometrics appointment
  • Apr 13, 2021 (11 months, 8 days!) - 'New card is being produced' for I-765, employment authorization
  • Apr 17, 2021 (11 months, 12 days) - Original EAD delivered by USPS
  • Mar 29, 2022 (1 year, 10 months, 25 days!) - Case 'Ready to be scheduled for an interview'
  • Jan 18, 2023 (2 years, 8 months, 14 days!) - Received RFE for I-693 + evidence of marriage (I-751?)
  • May 2, 2023 (2 years, 11 months, 28 days!) - I-485 application approved!
  • May 9, 2023 (3 years, 5 days; or 36 months, 5 days; or 1100 days!!!) - 10-year permanent resident card delivered!

 

Timeline for EAD renewal:

  • Feb 23, 2022 (0 days) - 'Application received' (I-765)
  • Feb 25, 2022 (2 days!) - 'Card is being produced' for I-765
  • Mar 4, 2022 (9 days 🤯) - renewed EAD delivered by USPS

 

Timeline for travel authorization:

  • Oct 7, 2022 (0 days) - 'Application received' (I-131)
  • Dec 2, 2022 (56 days) - 'Fingerprints taken'
  • Dec 6, 2022 (60 days) - Advance Parole Document was produced
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Filed: AOS (pnd) Country: Japan
Timeline

I just want to say as a fellow former PhD student, I am so sorry that you are in this situation. I absolutely hear you when you say you just had enough. But on a positive note - Congratulations on your engagement!!

 

I definitely would like others to comment on this, but from my understanding, you should be able to file for concurrent I-130/I-485/I-765/I-131 after you get married. I'd suggest you do this while you are still in F-1 status with an unexpired I-20. Definitely avoid traveling outside the U.S. after you apply for AOS until you get your EAD/AP combo card.

 

Regarding whether you will have trouble with not completing the PhD ... as an immediate relative of USC, what you need to prove to the USCIS most importantly is your bona fide marriage. A friend of mine ended up not passing her PhD qualifying exam, left with a terminal Masters degree and worked under OPT then filed for AOS after getting married to a USC spouse. She got a GC last year. Her situation might not be exactly the same as yours, but I don't believe she got any RFEs on not getting a PhD from being on F-1 visa. Just in case though, it might be wise for you to go for consultation with an immigration attorney and ask if there will be any issues. Some will do for free while others will charge ~$100, it does not mean you are hiring them to work on your case. 

 

As for your PhD program giving you a hard time about classes being "expired" and requiring you to take more classes - personally I think that's absolutely ridiculous. I assume you spoke to your thesis committee or department chair and they aren't being helpful either? There's a supportive community for PhD students on Twitter (follow @academicchatter, @openacademics, #PhDchat...) -  you could ask them about your issue even anonymously and see what they suggest. 

 

I wish you the best of luck!!! 

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Filed: AOS (apr) Country: India
Timeline

Thanks for the support ❤️

 

11 hours ago, maisfree said:

I definitely would like others to comment on this, but from my understanding, you should be able to file for concurrent I-130/I-485/I-765/I-131 after you get married. I'd suggest you do this while you are still in F-1 status with an unexpired I-20. Definitely avoid traveling outside the U.S. after you apply for AOS until you get your EAD/AP combo card.

What happens if the I-20 expires *after* we file the I-130/I-485/I-765/I-131? It'll be about two-and-a-half months between us sending USCIS the paperwork (mid March) and my I-20 expiring (late May). Can I stay in the U.S. with the receipt-of-paperwork notice, even with an expired I-20?

 

12 hours ago, maisfree said:

As for your PhD program giving you a hard time about classes being "expired" and requiring you to take more classes - personally I think that's absolutely ridiculous. I assume you spoke to your thesis committee or department chair and they aren't being helpful either? There's a supportive community for PhD students on Twitter (follow @academicchatter, @openacademics, #PhDchat...) -  you could ask them about your issue even anonymously and see what they suggest.

Yes, both the department and graduate school say it's a strict rule to avoid students staying too long. Also tired of dealing with this kind of bureaucracy - it took me six months to schedule my final proposal exam (which I passed about a year ago).

Timeline for Adjustment of Status:

  • May 4, 2020 (0 days) - 'Application received' (I-485, I-765)
  • Feb 8, 2021 (9 months, 3 days!) - 'Fingerprints taken', one day after biometrics appointment
  • Apr 13, 2021 (11 months, 8 days!) - 'New card is being produced' for I-765, employment authorization
  • Apr 17, 2021 (11 months, 12 days) - Original EAD delivered by USPS
  • Mar 29, 2022 (1 year, 10 months, 25 days!) - Case 'Ready to be scheduled for an interview'
  • Jan 18, 2023 (2 years, 8 months, 14 days!) - Received RFE for I-693 + evidence of marriage (I-751?)
  • May 2, 2023 (2 years, 11 months, 28 days!) - I-485 application approved!
  • May 9, 2023 (3 years, 5 days; or 36 months, 5 days; or 1100 days!!!) - 10-year permanent resident card delivered!

 

Timeline for EAD renewal:

  • Feb 23, 2022 (0 days) - 'Application received' (I-765)
  • Feb 25, 2022 (2 days!) - 'Card is being produced' for I-765
  • Mar 4, 2022 (9 days 🤯) - renewed EAD delivered by USPS

 

Timeline for travel authorization:

  • Oct 7, 2022 (0 days) - 'Application received' (I-131)
  • Dec 2, 2022 (56 days) - 'Fingerprints taken'
  • Dec 6, 2022 (60 days) - Advance Parole Document was produced
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Filed: Citizen (apr) Country: Russia
Timeline

Sorry to hear that from fellow PhD student!! Going through the PhD was definitely the biggest challenge of my life so far. 

 

I don't think you will get any trouble for just not completing the degree. However, keep in mind that after your I-20 expires, you will not be able to work until you get EAD.

Also, you probably should not travel outside of US now planning to get back using the F-1 visa (because it could be considered a fraud to use F-1 visa to enter US with intent to adjust you status) .

Science is not a liberal conspiracy.

 

Our immigration journey 

 

Spoiler

 01/02/2018 Started dating 

01/21/2019 Got engaged

04/08/2019 Got married

06/17/2019 AOS package sent

06/19/2019 Package delivered

06/24/2019 Card charged 

06/25/2019 Text notifications (no email!)

07/03/2019 Received NOA1 for I-485, I-130, I-765, I-131 (dated 06/25/2019)

07/20/2019 Received biometrics appointment letter (dated 07/12/2019)

07/31/2019 Biometrics

09/03/2019 Received interview notice

10/10/2019 Interview

10/11/2019 Case approved! :star:

10/16/2019 "Card was mailed" case status update

10/17/2019 Received tracking number for the green card in mail

10/18/2019 Green card in hand! 

Spoiler

07/18/2021 ROC package sent (UPS)

07/22/2021 Package delivered

07/23/2021 Card charged

07/24/2021 Text notification - case received

 

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Filed: Lift. Cond. (pnd) Country: Chile
Timeline
4 hours ago, turbotails said:

What happens if the I-20 expires *after* we file the I-130/I-485/I-765/I-131? It'll be about two-and-a-half months between us sending USCIS the paperwork (mid March) and my I-20 expiring (late May). Can I stay in the U.S. with the receipt-of-paperwork notice, even with an expired I-20?

I'm really sorry about your situation! As long as you have a pending case with USCIS, you will be fine. You can stay in the US with the receipt notice. I did that with my J-1, sent paperwork early May, and DS-2019 expired in June.

 

J-1 212 Residency Requirement Waiver                                                                    Removal of Conditions

08/22/2016 Advisory opinion request                                                                      07/01/2019 Package sent (I-751)

09/30/2016 Finding letter sent *subject*                                                                 07/03/2019 Package received at Pheonix, AZ Lockbox

09/30/2016 Documents received by DOS                                                                07/10/2019 Text notification of Case received, WAC#

12/13/2016 NOS Letter received                                                                               07/12/2019 Received NOA, 18 month extension letter.

01/25/2017 Favorable Recommendation Sent                                                        01/27/2020 Biometrics taken, Pomona CA

02/02/2017 Case received by USCIS                                                                         08/14/2020 Case transferred to NBC

02/2017 Married!                                                                                                            04/02/2021 Interview scheduled

05/17/2017 Approval notice received                                                                       05/10/2021 Interview at San Bernardino office

                                                                                                                                          05/11/2021 Case approved

 

Adjustment Of Status from J-1                                                                                     N-400

05/08/2017 Package sent (I-130, I-485 and I-765)                                                   06/28/2020 Applied Online

05/11/2017 Package received at Chicago Lockbox                                                 07/06/2020 Received NOA

05/18/2017 NOA received with case numbers via mail                                           12/14/2020 Biometrics Reuse Notice

06/06/2017 Had biometrics appointment in Pomona, CA                                       04/02/2021 Interview scheduled

08/07/2017 Sent an online service request on I-765                                                05/10/2021 Interview at San Bernardino office/Decision cannot be made because of I-751 pending

08/17/2017 Letter in the mail saying case still under review                                  05/17/2021 Case recommended for approved, submitted for quality review

08/23/2017 Scheduled for an interview                                                                      05/17/2021 Oath Ceremony will be scheduled

08/26/2017 Sent second SR on I-765                                                                          06/25/2021 Oath Ceremony, San Bernardino Office

08/26/2017 EAD New Card is Being Produced

08/29/2017 EAD card was mailed to me

08/31/2017 EAD card received in the mail

09/25/2017  Interview at San Bernardino office/GC approved

09/25/2017 GC is being produced

09/28/2017 GC was mailed to me

09/30/2017 GC received in the mail

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Filed: AOS (pnd) Country: Japan
Timeline
5 hours ago, turbotails said:

What happens if the I-20 expires *after* we file the I-130/I-485/I-765/I-131? It'll be about two-and-a-half months between us sending USCIS the paperwork (mid March) and my I-20 expiring (late May). Can I stay in the U.S. with the receipt-of-paperwork notice, even with an expired I-20?

If I-20 expires AFTER you file for AOS, you will be fine. Make sure to plan ahead so you at least have the notice of action letters from the USCIS before your I-20 expires. Two and a half months should be plenty of time. Yes, you can stay in the U.S. as your AOS will be pending at that time. 

 

5 hours ago, turbotails said:

Yes, both the department and graduate school say it's a strict rule to avoid students staying too long. Also tired of dealing with this kind of bureaucracy - it took me six months to schedule my final proposal exam (which I passed about a year ago).

I see. I understand. That's such a horrible situation - they should've supported you given the circumstances. As for employment or traveling outside the U.S., you will have to wait for up to 5 months or so for EAD/AP combo card. 

 

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Filed: Citizen (apr) Country: Brazil
Timeline

I suggest that if you cannot find a way to complete your PhD program where you are enrolled now, that you look into transferring to another program so that you can finish.  There are many good quality online PhD programs now that might make this possible without having to relocate to another city or state.  Congratulations on your upcoming wedding, and good luck with your journey!

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As everyone else said, you won't have a problem with AOS. The only thing you may want to do is find a way to resign properly from your school, instead of just suddenly stop coming and move on. Discuss your decision with your academic advisor, graduate coordinator, and international student office, and make sure you drop-out cleanly. Not only it may open the door if down the road you somehow find it in you to tough it out another couple of years and get the degree that you have sacrificed so much for, but also immigration-wise it allows you to keep your F1 status as long as possible. Remember, if you decide to just drop out this semester without notifying your DSO, they will simply close your SEVIS record for no-show and you'll be out of legal status, before you even get a chance to get married. While technically this does not affect your planned AOS later (being out of status is forgiven), this is not the time to gamble being out of status. The risk is just too high. So please, talk it out with the people in your school, and see what they have to say about your plan and what they can help you with.

 

About the Ph.D. study, I completely understand what you are going through. Ph.D. study can be really tough, and if luck isn't with you, it gets even harder. I didn't get my degree until I went through quite a bit more years than you, and during those years, my advisor went out of the country for two years for sabbatical (yes, I suffered two separate advisor sabbaticals 😅), plus I had another 1.5 years of flying solo because of illness (cancer, which my advisor ended up beating). This coupled with a bit of false start in the beginning, meandering around taking courses all around the university that I didn't end up needing, and my stubbornness in not wanting to listen to my advisor sometimes, the whole thing is about a decade and a half of mostly misery. Not once or twice did I think about quitting, just like you, and a few times it's been really close, but I was just that stubborn and finally was able to punch through. It took me way too long though, and I honestly think that I may choose to do things differently if I had a do over.

 

Good luck moving forward. Hopefully you can get a fresh start.

 

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Filed: AOS (pnd) Country: Vietnam
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On 1/27/2020 at 6:18 PM, turbotails said:

Hi all, I've spent all weekend reading here and decided to create my own topic since I didn't find any similar threads. In a bit of a pickle, and on the verge of tears just trying to type this.

 

A few years ago my advisor passed away in the middle of my PhD program, and I switched projects with a significant setback in research progress (no similar professor to continue previous work with).

 

I intended to graduate this summer with my PhD, but I've just learned that because I've been in the program so long (~9 years), many of my classes have "expired" and can no longer be included on the paperwork needed to start taking the final two dissertation courses. I will need to retake several courses to finish, plus I don't think my current advisor is too keen to keep signing I-20 extension of stay request forms every year.

 

This PhD journey has been long, arduous, lonely, and heartbreaking, and I honestly cannot find the motivation to stay in it for another two years (~ late 2021 - early 2022 with the required coursework).

 

But I have a loving girlfriend (U.S. citizen) of three years (now-fiancée) who has been by my side through the whole process, and we got engaged last November with the intention to get married this fall (~Oct 2020) when I would otherwise have graduated by.

 

With this additional setback about the degree, we are considering getting married sooner (March?) and abandoning my PhD program so we can move on with our lives (I've given this a lot of thought). After getting married, we're hoping we can file our adjustment of status paperwork, I can get eventually get my travel and work authorization and hopefully permanent residency a little later.

 

Will we have trouble with this scenario, considering I didn't complete the degree that the F-1 was originally assigned for?

It doesn't matter. I didn't even finish my MS. No question asked.

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