Jump to content
Sign in to follow this  
ric_n

Question about Canadian Student Visa, Marriage, and AOS

7 posts in this topic

Recommended Posts

Filed: Timeline

First time poster, long time lurker to the forum.

So my wife is here on a student visa from Canada, she has been going to school here for the past 2 years.I am a US citizen. We got married on July 31, went to an immigration attorney and filed all the paperwork for the AOS. ( I130, I131, G325A, I485, I693, I765, I864)

Our attorney recommended that she stay in school until we have the green card, but due to recent financial circumstances it would be far more beneficial if we could withdraw and get the tuition refund. Our attorney still recommends that she stay in school. I have read here and other places that once USCIS has received your AOS application that you no longer have to keep your previous status.

So my question is will removing her from school cause any problems with the AOS? Let me know if I forgot any crucial details.

Thank you for all your previous help as well, this site is of great value.

Edited by ric_n

Share this post


Link to post
Share on other sites

"I have read here and other places that once USCIS has received your AOS application that you no longer have to keep your previous status"

I think that assertion does not apply to her case. Until her case is adjudicated it will only be wise to maintain her current student visa like your attorney suggested.


....All your Negative Energy Feeds Cancer!


event.png

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from Student & Exchange Visitor Visas~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
Filed: Timeline

Can you explain a little more? Everything that I have read says that once USCIS has accepted the AOS petition, it's your choice to retain the F1 status or not. Of course it is wise to keep the F1 status incase the AOS is eventually denied; but in our case we aren't able to afford the $3k a month tuition payments anymore and it would help even more if we could get $6k back.

Share this post


Link to post
Share on other sites

Your choice.

Your choice.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites
Filed: F-1 Visa Country: Jamaica
Timeline

First time poster, long time lurker to the forum.

So my wife is here on a student visa from Canada, she has been going to school here for the past 2 years.I am a US citizen. We got married on July 31, went to an immigration attorney and filed all the paperwork for the AOS. ( I130, I131, G325A, I485, I693, I765, I864)

Our attorney recommended that she stay in school until we have the green card, but due to recent financial circumstances it would be far more beneficial if we could withdraw and get the tuition refund. Our attorney still recommends that she stay in school. I have read here and other places that once USCIS has received your AOS application that you no longer have to keep your previous status.

So my question is will removing her from school cause any problems with the AOS? Let me know if I forgot any crucial details.

Thank you for all your previous help as well, this site is of great value.

It's entirely up to her to keep her F-1 status or get her tuition refund. Once USCIS received your petition and her adjustment of status application then she is authorized to stay. If yours is a straightforward adjustment case then she shouldn't have any problems getting her green card.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Brazil
Timeline

Your lawyer is saying that because if she gets denied and has maintained F-1, she is allowed to stay in F-1. If the AOS is denied and she has not maintained F-1, she has to leave.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...