[quadrium]

It's required to overstay, and for the case of student visas, you must abandon the visa when petitioning to adjust status. The terms of the student visa are that you cannot have immigration intentions.

When this happens, you're present without a visa, but it's not illegal. You're on a "stay authorized by the attorney general".

I'm not sure if that has changed, but the " authorized stay" thing is the defense to being present without a visa.

It does make a lot of paperwork more difficult, like getting a drivers license, when as you can't prove status.

[jmyeet]

This is false.

If you get married as an F1 student, it's completely fine (and encouraged) to continue your studies under your F1 visa while your I130 and I485 are pending.

There are differences here if you're marrying a US citizen vs a green card holder. If you marry a green card holder, you must maintain your status until you adjust status with your I485. If you marry a US citizen, being out of status is forgiven.

If you discontinue your studies, USCIS (particularly under this administration) might try and argue you obtained your student visa fraudulently to deny your marriage petition. The best thing you can do is complete your studies and then, if applicable, obtain OPT to further maintain status.

Any marriage where the immigrant spouse is out of status will be treated with more scrutiny by USCIS.

[nxobject]

> If you discontinue your studies, USCIS (particularly under this administration) might try and argue you obtained your student visa fraudulently to deny your marriage petition. The best thing you can do is complete your studies and then, if applicable, obtain OPT to further maintain status.

There are two things that I'm not sure about:

– Is the distinction between studying (regardless of status), vs. being in status vs. having a visa? Because the three are different: you can enter as a student and study, and have your F-1 expire, and still maintain status per SEVIS.

– IANAL, but you get an EAD upon petitioning for an AOS – does that prevent you from applying for OPT?