F-1 Visa to Adjustment of status

[stevenkimjake@yah 0]

Hello, I am very confused at the moment. If anyone could help, I would really appreciate it. So, my wife and I got married December 2020 and she is an international and I am US citizen. We were in the process of our paper work for adjustment of status and other forms such as I-130 and we were almost finished with the paper work around early March. But she had to go back to Korea for a couple weeks due to her grandma passing away and came back on the 28th of March. She got a email from her advisor saying she might become or already became an illegal immigrant. So she would have to register for classes and stay another quarter when she is already done with all her requirements and ready to graduate. We submitted all our paper work two days after she arrived but got no notice that it was submitted or what not. Would she need to take classes or can we just wait for USCIS. Also, we are not that financial stable to support more classes. Thank you for your time and any help will be appreciated! 

[aaron2020 11,651]

Your wife entered the US on her non-immigrant F-1 visa with the intent to immigrate by filing the AOS which is a violation of her F-1 visa requirements.  While her immigrant intent will be ignored by USCIS in processing the adjustment of status for her green card, it doesn't mean there aren't other consequences. 

The school knows that your wife entered on her F-1 visa with the intent to immigrate by filing for AOS.  It's a violation of her F-1 visa status and they have to act according to their rules and the law.  You're going to have to talk to the school and figure things out about finishing up her program.  This is an education issue; not an immigration issue.  The school does not enforce immigration laws.  They deal with the F-1 visa status violation that they are aware of.  
 

[Noname93 200]

Like aaron2020 said, she did the wrong thing by coming back on her F1 with immigration intent. However, now that she's already here, and since she is an immediate relative of a U.S. citizen, she's all good. She doesn't have to take classes (and might not be able to from what the school said). Just be aware that until she gets the receipt for the I-485 she will technically be here illegally if the school cancels her visa.

[payxibka 10,045]

21 minutes ago, stevenkimjake@yah said:

Hello, I am very confused at the moment. 

That's quite apparent considering that you posted in the K-1 forum 

[aaron2020 11,651]

Your wife does not need to continue classes.  If you properly filed for her AOS, then she is authorized to stay until USCIS makes a decision.  The receipt will be your proof that she is authorized to stay.  Since you filed yesterday, it could be several weeks to several months before you get the receipt.  

You really don't have anything to worry about immigration wise.  Finishing her degree is an issue to work with the school on. 

[Ontarkie 14,279]

~~Moved to AOS from Work, Student and Tourist Visas, from K1 P&P~~