DeepGlue

I have been in the US since July 2000 on a F-1 student visa and got married to a USC in September 2003 and then we filed for AOS in January. My current student visa status expires in July 2004. Do I have to maintain my student status this Spring semester? However, my current status is AOS Pending. I only have 2 classes to take before I graduate and I would like to take a break because the tuition is getting more expensive and I can't afford it anymore. I'd continue school in fall. What would happen if I stop taking classes this semester?

The reason I'm asking this is because I keep getting different information (some lawyers say that I don't have to maintain student status, some say I have to, and some say that "AOS pending" is a "something between" status).

I'd appreciate any information on this.

Thanks!

Folinskyinla

Hi:

What do you mean your student status expires in June 2004? Is that when you are due to graduate? Remember that students are admitted "duration of status."

What is the impact of taking a leave of absense now on your adjustment? None.

Leaving school does not prevent the adjustment.

Leaving school with an adjustment pending doesn't cause acrrual of "unlawful presence."

If you should fail to adjust for any reason -- then you might have problems -- but no too bad.

BTW, all three lawyers are right.

DeepGlue

Thanks a lot for the info. By student status expiring, I meant my current I-20 will expire (it's the second one I have, the first I-20 expired in December 2002). I think (from what I heard) that when your I-20 expires when you're admitted on D/S, then your actual student status expires.

Folinskyinla

Hi:

I'm no expert on SEVIS other than knowing it exists.

It might be a good idea to let the SEVIS person at your school know that you have an AOS application pending -- with A number.