AOS from F-1 to permanent resident

[MurpheyQC 0]

Hi -

Hoping for some clarification on the topic. I am a US citizen, permanent resident of Canada marrying a Canadian. He has been in school in the US for over a year on F1 and of course legal I-20. He proposed last month - we don't want to do K-1 and make him leave the US since he is attending school. I want to instead marry him and file the AOS paperwork package for him. My question is - since he loses his F-1 status when I file the paperwork, can he still attend school? I know he can work, but he wants to continue/finish his studies.

I find tons of other threads where students are out of status or finished/finishing school - but in my case, he still has another year to go.

[inqztve 42]

Hi -

Hoping for some clarification on the topic. I am a US citizen, permanent resident of Canada marrying a Canadian. He has been in school in the US for over a year on F1 and of course legal I-20. He proposed last month - we don't want to do K-1 and make him leave the US since he is attending school. I want to instead marry him and file the AOS paperwork package for him. My question is - since he loses his F-1 status when I file the paperwork, can he still attend school? I know he can work, but he wants to continue/finish his studies.

I find tons of other threads where students are out of status or finished/finishing school - but in my case, he still has another year to go.

He is not going to lose his F-1 status while AOS is pending. He can continue to attend school. However, since F-1 is a non-immigrant visa and after filing AOS you would have demonstrated intent to immigrate, he will not be able to re-enter US on his F-1 visa if he leaves during the process. To avoid that, he must obtain advance parole before leaving US while AOS is pending. But, if he didn't need to leave US while AOS pending there aren't any issues you should be worried about.

Good luck and please update to let us know .

Edited January 15, 2013 by inqztve