F-1 to AOS, need help!

[chimichanga 3]

Hello

I and my wife will be filing for my AOS from F-1 Visa. I have 2 questions.

1. How can I still maintain my F-1 status until AOS gets approved?

2. Last year my wife used some money from her retirement account to supplement our expenses. SHe has filed her Income Tax and that income(around 50k) has been stated as "Income". Will that be considered as income for the AOS purpose to satisfy the income requirements?

Thank You!

Edited September 8, 2014 by joshuacheung8

[seth2013 39]

1. You simply continue to follow all the requirements of the F-1, and you will maintain your status.

2. I don't believe it will count, it should be from a continuous source of income. However, someone may have a different opinion that is more knowledgable than I am. In the meantime, I would look at coming up with a joint sponsor.

Edit: For #2, is there enough in the retirement account that she could qualify based on assets? (You don't need to answer, but look into that too.)

Edited September 8, 2014 by seth2013

[Mollie09 1,543]

Income of the beneficiary usually doesn't count. In your case it definitely doesn't because it's not ongoing.

[fullglass 5]

Hello

I and my wife will be filing for my AOS from F-1 Visa. I have 2 questions.

1. How can I still maintain my F-1 status until AOS gets approved?

2. Last year my wife used some money from her retirement account to supplement our expenses. SHe has filed her Income Tax and that income(around 50k) has been stated as "Income". Will that be considered as income for the AOS purpose to satisfy the income requirements?

Thank You!

1. If you are asking HOW you can maintain status, that would be to still attend school. If you are asking if you still need to maintain status, that is up to you. Keep in mind, though, if things don't go as planned with the AOS, if you maintain status, you still have that to fall back on.

2. That could possibly count as "Assets".