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AOS through marriage and F1 violation

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  • AOS through marriage and F1 violation

    Hi everybody, I just came back from a interview In Garden City, New York. I am shocked because interviewer said that I violated my F1 status and I may be inadmissible.Indeed I dropped one class before I applyed for AOS,so I was not full time for one semester. After I filed for AOS i went half time. I am requiered to submit transcript from my school. I thought, from what I learned on this forum and from people who went through the process, that I dont have to be in any status when adjusting through marriage to USC. Does anybody know why this happened to me? Is there a new regulation or something?

  • #2
    Hi everybody, I just came back from a interview In Garden City, New York. I am shocked because interviewer said that I violated my F1 status and I may be inadmissible.Indeed I dropped one class before I applyed for AOS,so I was not full time for one semester. After I filed for AOS i went half time. I am requiered to submit transcript from my school. I thought, from what I learned on this forum and from people who went through the process, that I dont have to be in any status when adjusting through marriage to USC. Does anybody know why this happened to me? Is there a new regulation or something?

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    • #3
      If you are adjusting through marriage to a USC, it doesn't matter if you are out of status. Must be a new adjudicator. Submit the documents and enclose a copy of 8 CFR 245.1 (b)(6) where it says, "Any alien who files an application for adjustment of status on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States, except an applicant who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27) (h), (I), or (J) of the Act;" is ineligible for AOS.

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