Question about Canadian Student Visa, Marriage, and AOS

[ric_n 0]

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 October 3, 2014 by ric_n

[S_R 148]

"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.

[Ontarkie 13,883]

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

[ric_n 0]

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.

[NancyNguyen 1,657]

Your choice.

Your choice.

[khenzee 5]

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.

[Mollie09 1,543]

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.