Is AP necessary in this case?

[NLP 0]

We're doing an AOS for my wife. She's here on an F1 and we were married last August. We want to travel in '07. If she stays current on her F1 (continuously enrolled fulltime) is the AP even necessary or does the AOS application change anything?

[zyggy 9]

We're doing an AOS for my wife. She's here on an F1 and we were married last August. We want to travel in '07. If she stays current on her F1 (continuously enrolled fulltime) is the AP even necessary or does the AOS application change anything?

Once you file the I-485, her F-1 is void and she must have AP to be able to reenter the US.

I'm sorry to say that she is not fulfilling the terms of her visa now... One of the terms is that she cannot have immigrant intent while on a non-immigrant visa. Once she got married to you, that went out the window. In actuality, if she leaves the US on the F-1 and CBP somehow finds out that she is married to a USC, she will very likely be denied entry to the US as she is no longer fulfilling the terms of her visa by having immigrant intent due to her being married to a USC.

File the I-485 and other forms (I-765, I-131) as soon as possible... There is no point to waiting....

Edited October 31, 2006 by zyggy