Sm1smom
Super Moderator
This additional response is for the benefit of other selectees, especially those with students statuses who may be considering making a similar move because they’re hoping to save a few dough by dropping out of school after filing for AOS, this is not a SMART move. Simply don’t!
A DV2023 selectee asked a similar question (thank God she did ask before going ahead) about her husband dropping out of school while his AOS application was pending while she was already approved. They assumed he was going to be automatically approved as her derivative since she the main selectee already got approved and received her GC. Well unfortunately his case was denied due to visa exhaustion. Fortunately for them, he refrained from dropping out of school and maintained his F1 status, which now makes it possible for the wife to subsequently sponsor the husband under the family based category. If he had dropped out of school, he would have become OOO following the case DV based AOS denial and would have had to depart from the US, and not eligible to file a new AOS application. See links below to read the actual posts:
1. Post asking about dropping out of school
2. My response
3. Case denial due to visa exhaustion