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brazibride

Should I pay a new ($350) SEVIS fee and get a new I-20 so I'm not out of status while waiting for AOS?

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

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brazibride Contributor

brazibride   43

Posted
Filed: AOS (pnd) Country: Brazil
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Hi!

I'm an F-1 student and we just filed for AOS based on marriage to USC (arrived at Chicago lockbox 8/17). My I-20 expired on 8/18 but I haven't gotten a NOA1 yet. Honestly I just didn't get a notification from the school that it was about to expire and given we were busy with the AOS package I just missed the extension deadline. I'm still within the 60-day grace period for F-1 students.

I'm unsure whether I'm staying enrolled this semester, but if I decide to stay in school, should I pay a new ($350) SEVIS fee and get a new I-20 just so I'm not out of status, or does it not matter?

I'm assuming I need to get a new I-20 if I plan on keeping my student job since I don't have a EAD yet, but other than that, is there any reason I should consider paying the $350 to be in status? I'm assuming any overstay should be forgiven, but it feels uncomfortable to be out of status and not have received a NOA-1 yet. 

Thanks!

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HRQX Veteran

HRQX   4,145

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1 hour ago, ludysantana said:

I'm assuming any overstay should be forgiven, but it feels uncomfortable to be out of status and not have received a NOA-1 yet.

Also the NOA is going to list the Received Date as the date they received the case at the Lockbox. Look into if you qualify for the lower in-state tuition based on your spouse's residence in that state. After the grace period ends you won't have status, but you'll be in a period of stay authorized by the Secretary of Homeland Security. You should be able to continue school during that time, if you want.

Boiler Grand Master

Boiler   45,649

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Filed: K-1 Visa Country: Wales
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Posted

Certainly in my State legality is not an issue you may even be able to get lower fees

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

brazibride Contributor

brazibride   43

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted
On 8/20/2020 at 1:46 PM, Boiler said:

Certainly in my State legality is not an issue you may even be able to get lower fees

Do you mean lower fees as qualifying for in-state tuition? If so, my university requires being married for a full year. I'm considering taking a year off but I'm unsure, especially considering if for whatever reason my greencard is denied I would have to leave right away and not finish my degree! 

I-751 ROC
IOE receipt number – Assigned to YSC (Potomac Service Center)
 
2023-02-19 Eligible to file for ROC
2023-03-27 Package Sent
2023-03-31 Package Delivered to Phoenix Lockbox 
2023-04-05 Email acceptance notification
2023-04-17 USCIS Letters - Biometrics reuse notice & online account info
2023-04-18 I-797 NOA: 48-month extension letter
 
N-400
 
2024-02-19 Eligible to file for Naturalization, Filed N-400 Online, Received Biometrics Reuse Notice
Boiler Grand Master

Boiler   45,649

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I guess a lot depends on what you might do with a gap year.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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