elapaquette

What if a person were to fly out after marriage?

My wife and I were married on 10/10/12 and I have been getting all the papers together for AOS, but I have not submitted the packet yet because I am understand that she cannot leave the U.S. once AOS has been submitted without Advanced Parole. She wants to go home for a couple of weeks in December. She is an F-1 student and her visa has expired, so when she goes home she would need to renew it to come back to school. I'm afraid that she would be breaking the contract of her visa if she renewed and then submitted Adjustment of Status shortly after. I'm worried I'm going to have to tell her she can not go back to China this winter break to visit her parents.

Any help?????

My wife, who is an international student with an expired F-1 visa, and I were married in October, and I have been working on the I-130/I-485. I have not submitted it because she plans on traveling home. She is insisting that she can travel home and renew her F-1 visa and reenter the U.S. legally without creating troubles for the Adjustment of Status application. We are considering submitting it after her trip home for December.

Please, let me know which is correct

Thank you and all best!