Pending AOS question about F-1

[daniel046 4]

12 minutes ago, JeanneAdil said:

My thoughts are why keep the F1 which defines him as a foreign student

when now married to USC and has spent enough time in the school (college) to qualify for state  residency tuition status which is a lot cheaper 

Well, I talked to universities around my location, and they do not accept EAD or I797 of I-485 as a proof of status. So, I cannot get in state tuition. 

 

Hell, the state I am in is so backward that they changed rules where international student can only get 1 year of driving license even if there I- 20 expires 4 years later.

[Villanelle 4,121]

Just now, ROK2USA said:

OP married a USC though... EAD was obtained via I485 and I130... what rules do they need to follow? 

Rule broken = It seems at some point they worked w/o auth. 

 

This thread is getting a bit confusing because some replies are discussing the c09 EAD and some are the F1 EAD. 

 

All EADs are not equal. Some like the F1 only allow certain work. It appears they either misused it or worked w/o prior to obtaining it. Regardless unauthorized work occurred. 

 

For those unfamiliar with F1 EAD OPT- it is not canceled simply by filing AOS. But if you use the c09 EAD it is.  Many attorneys will recommend you don't use the c09 so you have something to fall back on if AOS is denied. I don’t know if an attorney advised the OP of such or if they told the attorney about the unauthorized work. 

 

I agree with @Jeanne Adil that the c09 EAD is better and there is a variety of benefits in dropping the f status. Sure if doing so means they can no longer fall back on it...but ummm, so what? Seems they already violated the terms of it. It's like having a safety raft at sea with a hole in it. Is that better than no safety raft? I guess but if you get on it you would still sink before reaching shore (unless USCIS doesn't notice. Eventually they will though as explained in any future process they will review everything)

[Villanelle 4,121]

Ah well @daniel046 if schools in your state requires the actual greencard then that's what it is.  You are probably in the south or Midwest. They tend to be harder on immigrants than NY or CA are.

 

Your choices are to either use the c09 and lose F status and perhaps reduce your courseload or take a break until GC is approved -or don't use the c09 and remain F so you can continue your schooling w/o interruption. 

 

But if you remain on the F stop any unauthorized work if you are in fact presently doing such. Yes, unauthorized work will be forgiven but you know what's not ignored? Misusing visas for benefits.  Because that's what you would be doing. You have a valid EAD you could use but would be choosing to misuse the F EAD for a benefit (lower tuition). Some one who does such may not be able to make a sworn statement of I entered the marriage in good faith and not for benefits when you are presently misusing a visa for benefits!

 

So if you stay with F for tuition purposes use the F EAD properly from now on.

[Rocio0010 5,577]

18 minutes ago, Villanelle said:

agree with @Jeanne Adil that the c09 EAD is better and there is a variety of benefits in dropping the f status. Sure if doing so means they can no longer fall back on it...but ummm, so what? Seems they already violated the terms of it. It's like having a safety raft at sea with a hole in it. Is that better than no safety raft? I guess but if you get on it you would still sink before reaching shore (unless USCIS doesn't notice. Eventually they will though as explained in any future process they will review everything)

This is an interesting way to put it. I’ve always been of the idea of keeping both status, but then again, you’re right, one has been violated, so. 

 

19 minutes ago, daniel046 said:

and they do not accept EAD or I797 of I-485 as a proof of status

Because they do not confer an immigration status themselves. They just grant a period of authorized stay

[Boiler 43,848]

The OP's concern is if there will be a hole in it, if the two things are joined up, seems unlikely to me.

[Rocio0010 5,577]

1 minute ago, Boiler said:

The OP's concern is if there will be a hole in it, if the two things are joined up, seems unlikely to me.

Unless there are other red flags I guess, which don’t seem to be the case