AOS for students

[koiadmi]

Hello

I am a US citizen who applied for my wife's GC (I-130/485). She is on F-1 visa. At what point she does not have to continue studies? After the I-485 is approved? Will this happen after interview?

Thanks

 

[Jackolantern]

Technically, she can stop studying as soon as USCIS receives the properly filed I-485 application.

However, stopping studies (without graduating) before the interview can create a bad impression and set you up for a hostile interview. The shorter she has studied, the more likely it would be a problem to stop, because quitting too soon raises suspicion of student visa fraud (i.e. it looks like the student visa was just a pretense to get into the US and marry and immigrate).

So if she has studied for less than a year, I would strongly advise continuing her studies at least until the interview. But if she's completed a year, that should be enough to show that she's a bona fide student, so it would be less of a problem to quit.

 

[koiadmi]

Thanks for ur response.

She has been taking semesters since jan 2010.

She has had fingerprinting done. And we have not got any objections to applications yet. We just had a baby, and she has already skipped fall semester this year (she got a new I 20) for spring semester. But with a kid, she is kinda hesitant to join next semester.

I wonder if uscis could say on phone, if this is OK. Should we call them about it?

 

[Jackolantern]

I wonder if uscis could say on phone, if this is OK. Should we call them about it?

They will not give you that level of a situation-specific answer on the phone. That's what the interview is for. The people on the phone are just low-level employees and contractors who can't do much more than tell you what the status of your case is (and sometimes they can't even do that).

She has already studied for more than a year, so student visa fraud won't come up. If she did not get a medical exemption to skip the fall semester due the pregnancy, she would have already gone out of status, but that will be forgiven because she has filed an I-485 based on marriage to a US citizen.

 

[koiadmi]

" If she did not get a medical exemption to skip the fall semester due the pregnancy, she would have already gone out of status, but that will be forgiven because she has filed an I-485 based on marriage to a US citizen."

No, she got the exemption from school (based on doctor's recommendation), and was issued a new I-20. So, she still has legal status. Its just the next semester, she is trying to skip.


Thanks

 

[Jackolantern]

So she'll have no problem then. Never was out of status, and the pending I-485 will allow her to keep from going out of status whether or not she attends school.

However, now that she's filed the I-485, she won't be able to use her F-1 visa again, and will need Advance Parole to reenter the US if she travels abroad. And she should notify the school's International Student Services office (or whatever they call it) that she has filed an I-485 (by showing them the I-485 receipt), so they can remove her from the SEVIS monitoring system.

 

[koiadmi]

Thanks, this is what I wanted to hear

I googled F-1, SEVIS, i-485, and confirmed that some schools r saying its OK, but they are also warning that if I-485 gets refused then there will be no fallback support. Should I be worried about it?

 

[Jackolantern]

There's no use worrying about that. If the I-485 is denied for a technicality, just reapply immediately or file a motion to reopen. If it is denied for something more serious like a criminal record, she won't be able to continue her F-1 status anyway.