AOS Pending, should we also extend M1 Visa?

[peterv 0]

Hi All,

My husband and I are in the AOS process to get his green card and our interview is scheduled for the 22nd of October, he just received the work authorization and advanced parole card in the post as well. Our question is should he extend his M1 visa which expires at the end of October?

Just a little background, we are a gay couple who were living in the UK, I am the US citizen. I took a job last year that brought me back to the states, and since we wanted to be together my partner applied for and received an M1 visa to learn to fly and is working towards getting a commercial license. Now that one year visa is coming to an end at the end of October. The problem is that for a non-US resident it is impossible to learn to fly without the M1.

When DOMA and California's Prop 8 were declared unconstitutional we got married on the 1st of July and started the AOS process. I am assuming that all will go well at the interview, as we have been together for 10 going on 11 years and we will get approved, but he likes to be prepared when uncertainty is around, so wonders if he should extend the M1 visa to continue to reside in the US should the AOS fail.

Any advice?

Thanks,

Peter

[Darnell 8,478]

Our question is should he extend his M1 visa which expires at the end of October?

I'd tie that to finishing flight school, not anything else.

[peterv 0]

Thanks for the response.

Well, he isn't going to be finished for 4 - 6 months more in all likelihood, and should our AOS be approved and he gets his green card on the 22nd, the visa would be pointless, which is the conundrum.

Cheers,

Peter

[Darnell 8,478]

work authorization, EAD, combined with a SSN, might be the thing that keeps him in flight school.