SALI

Hi all,

I do not know if I have a situation here.

I came on H-4 to US in 2001 which was valid till April 2002
I then changed to F-2 with my spouse transferring from H-1 to F-1 in April 2002.

Before my spouse could join school Fall 2002, she moved to Canada to work for a Canadian Company on workpermit. I however, had to stay back in US.

I promptly applied again for change of status from F-2 to F-1 (I-539)before my spouse left the US. This application was made early August 2002 with classes scheduled to start August 26.

After having spoken with the student advisor, I was told as long as I do not hear from INS about my I-539, I am not required to register for classes.

Accordingly, I did not register and kept waiting to get my F-1.
Now after 3 months I get a letter from INS asking to submit additional documents on/before January 31, 2003.

Some of the requested documents include
1) Letter from school suggesting that I am presently attending school this (Fall 2002) semester
2) Evidence that I have paid school tuition for current semester
3) Letter from school confirming that all tuition abligations have been paid in full
__________________________________________________ ____

1)If I was not required to register for classes till my visa was approved, why am I asked to submit such documents?

2)Will the fact that I have not registered this Fall be reason for denial of my I-539?

3)Am I out of status now since I have not registered this Fall (although the student advisor had said I need not till I get my visa approved)?

4)What would happen if I leave the US with my I-539 pending and without submitting the additional requested documents ?

5)Will the above raise some red flags the next time I have to come to US on any visa and pose any problems?

Please help and suggest on what I should do now. I do not want to jeopardize my future entry into the US. I have not wilfully or knowingly broken any law.

Please HELP!

Michael E. Piston

Your school was right. There is no requirement that you attend school
before you are granted F-1 status.

Simply answer the questions to the request honestly.

Michael E. Piston
Attorney at Law
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Fax: 248/680-0627

Responses have not been confirmed by research, are not intended as
legal advice, and do not create an attorney client relationship. Feel
free to e-mail me at [email protected] if you desire further
information

SALI wrote in message news:...
    > Hi all,
    >
    > I do not know if I have a situation here.
    >
    > I came on H-4 to US in 2001 which was valid till April 2002
    > I then changed to F-2 with my spouse transferring from H-1 to F-1 in
    > April 2002.
    >
    > Before my spouse could join school Fall 2002, she moved to Canada to
    > work for a Canadian Company on workpermit. I however, had to stay
    > back in US.
    >
    > I promptly applied again for change of status from F-2 to F-1
    > (I-539)before my spouse left the US. This application was made early
    > August 2002 with classes scheduled to start August 26.
    >
    > After having spoken with the student advisor, I was told as long as I
    > do not hear from INS about my I-539, I am not required to register
    > for classes.
    >
    > Accordingly, I did not register and kept waiting to get my F-1.
    > Now after 3 months I get a letter from INS asking to submit additional
    > documents on/before January 31, 2003.
    >
    > Some of the requested documents include
    > 1) Letter from school suggesting that I am presently attending school
    > this (Fall 2002) semester
    > 2) Evidence that I have paid school tuition for current semester
    > 3) Letter from school confirming that all tuition abligations have been
    > paid in full
    > __________________________________________________ ____
    >
    > 1)If I was not required to register for classes till my visa was
    > approved, why am I asked to submit such documents?
    >
    > 2)Will the fact that I have not registered this Fall be reason for
    > denial of my I-539?
    >
    > 3)Am I out of status now since I have not registered this Fall (although
    > the student advisor had said I need not till I get my visa approved)?
    >
    > 4)What would happen if I leave the US with my I-539 pending and without
    > submitting the additional requested documents ?
    >
    > 5)Will the above raise some red flags the next time I have to come to US
    > on any visa and pose any problems?
    >
    > Please help and suggest on what I should do now. I do not want to
    > jeopardize my future entry into the US. I have not wilfully or knowingly
    > broken any law.
    >
    > Please HELP!

SALI

Thanks Michael.
Your response was a relief to read.
I shall be going to the school tomorrow to see if they issue me a letter explaining I had acted as per their advise so I may submit the same to INS.