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Posted

I am in the US on an F1 Visa, I applied back in June for adjustment of status to permanent because I am married to a U.S. Citizen. Class registration is due by 25th of August at the latest and I do not wish to register for another semester as I do not have enough money.

My international advisor said that because I am pending for adjustment of status and I have the receipts of the I-465 she can withdraw my F1 status and I will still be legal to stay in the U.S. because I am pending for AOS. This information was also backed up by another international advisor at the university.

I was advised she had done this before and it has never caused a problem when people were adjusting status before the green card had been approved.

Does anyone know if this is correct?

Will this have a negative effect when it comes to the green card interview when I am asked why I am not currently enrolled. My plans is to work for a year to cover my tuition fees.

Basically I need a few people to clarify this is ok before I go and withdraw my status as I am very worried.

Posted

Yes - it is correct.

With the NOA of the AOS - you are "status pending adjustment" -

However, if your AOS is denied, and you stopped your F-1 status, you will have no choice but to leave the US. (pending appeal)

Your choice. My friends lawyer suggested he keep his student status active until the GC is in hand, for what it's worth.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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