Announcement

Collapse
No announcement yet.

Adjustment of Status and F-1 student visa

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Adjustment of Status and F-1 student visa

    I am a USC and married a woman on an F-1 student visa. We just submitted our I-130 and I-485 paperwork yesterday (to be delivered tomorrow) and today, she received a letter from her school stating that she is in violation of her immigration status! What should we do??
    Thanks

  • #2
    I am a USC and married a woman on an F-1 student visa. We just submitted our I-130 and I-485 paperwork yesterday (to be delivered tomorrow) and today, she received a letter from her school stating that she is in violation of her immigration status! What should we do??
    Thanks

    Comment


    • #3
      Since she married a USC (you) she won't get in trouble. Just file your petitions and everything will be good.
      HOWEVER I would strongly suggest not to travel internationally until your wife obtains her temporary green card since she could possibly face trouble at the port of entry when returning.

      Comment


      • #4
        did your wife know that? Is she still attending classes?

        but as helptoanyone says, she will most likely be OK since her stay is now authorised (adjustment pending).

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pacmatt:
          I am a USC and married a woman on an F-1 student visa. We just submitted our I-130 and I-485 paperwork yesterday (to be delivered tomorrow) and today, she received a letter from her school stating that she is in violation of her immigration status! What should we do??
          Thanks </div></BLOCKQUOTE>
          Just to add, when you get the notification of the I-130 and I-485 has been received, send a copy of the NOA to the school's international office. That way, the school will update the records and when the process is finished, be allowed for instate tuition.

          I am assuming she is not attending classes full time as the reason for the letter?
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

          Comment


          • #6
            Hudson, You are saying, once he/she received the NOA of his/her I-130+I485, she will be allowed to attend the school as instate tuition.

            I would like to ask you, an F-1 student miss the admission time due to her sickness, student adviser did not completed Form I-539 for her, and did not submited in time to the uscis.
            She has an approved I-130 waiting for the approval of her I-485, what she must do to get back into the school.
            Appreciate your comments.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kumar555:
              Hudson, You are saying, once he/she received the NOA of his/her I-130+I485, she will be allowed to attend the school as instate tuition.

              I would like to ask you, an F-1 student miss the admission time due to her sickness, student adviser did not completed Form I-539 for her, and did not submited in time to the uscis.
              She has an approved I-130 waiting for the approval of her I-485, what she must do to get back into the school.
              Appreciate your comments. </div></BLOCKQUOTE>
              From my understanding, both situations require the student to wait for the I-485 to be completely processed, ie a conditional green card being issued. The reason is that the circumstance will not be beyond the student's control.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                My understanding of the law is that school is your sponsor, and they should file the I-539 in time, why the student had to suffer for schools mistake.
                Looking for your comments, please.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Adam:
                  My understanding of the law is that school is your sponsor, and they should file the I-539 in time, why the student had to suffer for schools mistake.
                  Looking for your comments, please. </div></BLOCKQUOTE>
                  if the school knows the student is now married to a USC and is in the process for adjustment of status, dual intent now exists. If dual intent exists, the school will not be able to provide the I-20 and the exception for reinstatement will not be proven.
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                  Comment


                  • #10
                    Now I'm confused. Why does I-539 matters if the F1 student is married to an USC and her I-130 and I-485 has been filed? For all intent and purposes the student has a valid immigration status. If anything, she should qualify for resident tuition instead of the cash-machine-for-the-university international tuition.

                    Comment


                    • #11
                      Thank you everyone for your comments. The spin-off conversation that is going on might be more helpful to all of the other users of this site, if it is addressed as a new posting. Thanks again to everyone.

                      Comment

                      Sorry, you are not authorized to view this page

                      Home Page

                      Immigration Daily

                      Archives

                      Processing times

                      Immigration forms

                      Discussion board

                      Resources

                      Blogs

                      Twitter feed

                      Immigrant Nation

                      Attorney2Attorney

                      CLE Workshops

                      Immigration books

                      Advertise on ILW

                      EB-5

                      移民日报

                      About ILW.COM

                      Connect to us

                      Questions/Comments

                      SUBSCRIBE

                      Immigration Daily



                      Working...
                      X