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Married to USC, status pending - do i need F1

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  • Married to USC, status pending - do i need F1

    I got married recently and my relative petition has been filed last month. I want to go to grad school - do I need to get an F1 for that. It would seem dumb, since the idea behind F1 application is that I'm supposed to be returning home after completion of studies- I obviously wont since I'm married here. Also, what's my status regarding loan school loan applications - am I international until I get my GC? Any input appreciated, I'm confused about the whole issue.

  • #2
    I got married recently and my relative petition has been filed last month. I want to go to grad school - do I need to get an F1 for that. It would seem dumb, since the idea behind F1 application is that I'm supposed to be returning home after completion of studies- I obviously wont since I'm married here. Also, what's my status regarding loan school loan applications - am I international until I get my GC? Any input appreciated, I'm confused about the whole issue.

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    • #3
      Vierce,

      So you got married to a USC and now reside in the U.S.? Did you also apply for an EAD so you can work while your AOS is being processed? Once you have submitted your AOS you are free to go to school without any F1.

      It depends upon the school but you normally are considered a resident for tuition purposes if you have the EAD (at least my school let me do it with my EAD). You will definitely be a resident for tuition purposes once you get the conditional permanent resident status.

      I don't know anything about loan school loan applications - sorry.

      Don't forget to apply for advance parole if you want to leave the country while your AOS is pending.

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      • #4
        as soon as you have filed for AOS your permanent status is pending and you can go to school and pay resident tuition showing them your EAD they will check the c(9) mention to verify the category of the EAD and of course you have to prove that you've been leaving in the same stae for more than a year to get the resident tuition

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        • #5
          I appreciate your responses. BTW, what's the c (9) mention? I do reside in the U.S., state of Virginia, and I did apply for EAD. I currectly still use my EAD that I got issued for my optional practical training following my recent BA degree.

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          • #6
            when you apply (applied) for AOS, you can apply for a work permit that is not OPT based. You still have to renew it every year until AOS is approved.

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            • #7
              Hi everyone!

              I already had my interview(which was approved). I didn't get my passaport stamped on the interview day because I couldn't have my medical exams ready for that date.

              The officer said that after I dropped the exams at the BCIS(downtown Los Angeles), I should wait for my GC through mail whithin the next few months(she did not specify how long).

              Since I never overtayed in the USA, she said I was elegible for advance parole. I desperatly need to travel to my country to solve some pending family problems, as soon as possible. Therefore, I'm considering applying for PAROLE if I don't get my GC by the middle of february.
              My question is, though, how long does it take to have the parole application approved?
              When applying, should the applicant previously set the date she/he is going to be away from the country whithin a month, 6 months or whithin a year?

              I appreciate any answers on the matter. Thanks!

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              • #8
                The approval for Advance parole normally takes about three months ( and I know that for a fact because I work as an Immigration paralegal on this type of cases), but if it is an emergency, I know you can actually receive it in one day! you basically take your application to the local office and you wait to have it approved on the spot, assuming you also provide them with some documentation regarding the emergency you have.
                all the best.
                Julie

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                • #9
                  Also, in many states, and I know NY to be that way, you are not considered a resident until you have a permanent green card and you have lived in the state for over a year (it's both conditions). For school purposes in particular, they do not consider a 'pending I-485' to be the same as a permanent resident status. I know that because I had the same problem. I was also not considered eligible for Government loans or scholarships until I got my PR. And I had to pay out-of-state tuition until I received approval notice from USCIS.

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                  • #10
                    The time to approve advance parole is highly dependent on the local office. Each one processes at different rates. You can check the USCIS processing times for your office to see how long it is taking.

                    My school did not consider my pending AOS but they did consider my EAD as evidence that I qualified for resident status (I had already lived in the state for over a year so I also qualified in that regard). As soon as I got my EAD I was able to start paying in-state tuition.

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                    • #11
                      Which state are you in, sphyrapicus?

                      Does anyone know if Virginia and District of Columbia schools accept EAD as "resident of the U.S." with respect to admission? I have lived in VA for over a yr, so i meet this condition at least.

                      JulieCelik1, could you please confirm you did not have to apply for F1 while you went to school with pending PR?

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                      • #12
                        Florida

                        If you are adjusting status then you are ineligible for an F1. They are mutually exclusive.

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                        • #13
                          Hi everybody!

                          I've applied for AOS Downtown LA. My interview was ok. But I'm still waiting for my green card, which should come whithin the next 2-4 months.
                          The problem is, I cannot wait for more than 2 months. Therefore, I'm applying for parole.
                          If it takes about 4 months to be approved, I'd rather wait for the GC.
                          I still have a doubt: when applying for parole, should the applicant specify the exact date he/she is living/re-entering the country? Or should he/she only previously set the date whithin a month's/year's time?

                          Thank You.

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