F1 visa holder applied for AOS (LPR husband) can i quit school?

[lizzymar27 1]

Hi guys

i've been maintaining my status but i'm so tired that i really want to quit school.

I applied for AOS, and I'm expecting my receipt soon.

can quit the school once i get it?

please, reply only if you have been in the same situation, i have asked so many attorneys and all of them said something different. i want the opinion of somebody who actually had the same conditions!

[Cheezees 1,514]

No. Your legal status is still that of an F1 student. Until that changes, you abide by the terms of your I-20 which requires your enrollment. The AOS is not a free pass and the approval of your application is not guaranteed.

[lizzymar27 1]

i know if the application is not approved i will be out of status, but i have also read that it changes automatically once the aos is submitted. how do you know that? if you are an attorney thank you but i don't believe you! ?

[BigDaddy28 228]

Your status doesnt change until you get approved. As of now your legal status is F1. when you get your notice your status will be still F1/ pending adjustment of status.You can quite school however your F1 status will be expired the moment your school lets authorities know of your status change and your status will be only pending adjustment of status so far you are not illegal . If God forbids, you get denied because you quite school you will immediately become illegal. The F1 status will be reinstated only with a new F1 visa. If you get approved than nothing to worry about.

I cant make the decision for you whether to quite school or not but I gave how your status will change accordingly. Good luck with your AOS.

[NigeriaorBust 4,087]

When did your spouse submit the I130 ? As an LPR there is a 2 year wait for a visa number

[Boiler 43,701]

LPR husband you have a long wait and must maintain status.

[lizzymar27 1]

my I-130 was filed in 2014, was approved and my priority date is already current.

guys seriously, i don't wanna be rude! i just want the opinion of somebody who has been in the same situation. thanks ??

[Boiler 43,701]

You must maintain legal status otherwise you have nothing to adjust from.

[NigeriaorBust 4,087]

We aren't being mean , if you filled out a time line you would get better answers. As stated even though your date is current you must have valid status to adjust from on the day of your interview/approval.

[halo101 0]

Based on I've been reading for the last two years, it is LEGALLY OK to quit school once you file I-485. You also need to let your school know your I485 filing so that SEVIS can be updated. But it is strongly recommended to maintain F-1 status just in case your I-485 is denied which still has a small chance of possibility. If you can live with this small chance of I-485 denial, you may do so. Again, the above is from what I've been reading from many forums.

My case is similar. I just sent my I-485 based on filing date (I-130 PD 6.29.2015). My foreign wife is graduating this fall and adjusting from F1. Because I filed I-485, work permit, and advance parole two weeks ago, she is not planning to apply for OPT (again, I understand the risk of small possibility of denial) once we get the receipt notice.

Please let me know if I am going to wrong direction. Thank you for your help in advance

[NigeriaorBust 4,087]

Most people filing AOS are married to US citizens and being out of status is forgiven almost always . You are an LPR and must be in status when/if interviewed.

[halo101 0]

Thanks for the help, NigeriaorBust. But once she use EAD from I-485, her status as F-1 goes away anyway.

Have you seen any person who got denied because he/she did not maintain F-1 "after I-485" filing? My understanding is that a new status (I don't know exact name) is given with which one can live here in the States legally. Once I-485 is denied at the end, it is a whole different story.

[Boiler 43,701]

Nobody mentioned I 485

[halo101 0]

My understanding is that AOS is I-485, right? OP filed I-130 in year 2014. Thus OP must have filed I-485 for AOS recently ("expecting my receipt soon", she said).

[Sean and Kristina 24]

I would highly advise against it. My husband did AOS from an F-1 when we got married and he was asked several times both when he used Advance Parole to re-enter the US and during our official Green Card interview if he was still enrolled in school. It was imperative that he was still an active student because he was here on an F-1 visa. Yes, technically once you apply for AOS your status changes, but you WILL get asked if you are still enrolled and currently taking classes. CBP/USCIS ask this to help determine if your F-1 visa application was legitimate and you didn't just try to skip the immigration line...because remember F-1 visa is NOT an immigration visa. When you apply for an F-1 visa you had to give evidence that you had intention to return to your home country. Although I personally find it very backwards that we allow international students to study here and then immediately rush them out the door...that is currently the case...

I wrote about our entire process adjusting status from F-1 student visa on my blog including details about timeline, AP, interview, etc. Link is in my signature block, but it may not be visible if you're accessing this site from a mobile device.