Will filing AOS makes my spouse eligible to stay

S

skbiti

Registered Users (C)
Hi,
I am a US Citizen and my wife is a F1 student, I am getting ready to file for her AOS. But she does not want to continue going to school anymore.

I understand that she cannot take a job until she has an EAD. Can she stay here in US after filing for her AOS without maintaining her F1 status till she gets her EAD and AP?

Will appreciate a response on this request.

Thanks,
skbiti
 
Concerned4us said:
Since you are a US ciizen, any of her illegal presence will be forgiven.
Click to expand...
There is no illegal presence yet, as she is still in F-1 status.

If she keeps attending school to maintain F-1 status until she files AOS and gets the I-485 receipt, and then drops out, she still would not be out of status.
 
Thanks guys, appreciate the quick response here. Will wait for the I-485 receipt before asking her to drop from her class.
 
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