F1 program completion, in AOS, next steps

[MMRF 21]

Background: I am a USC petitioning my husband who is F1. The 130/485/etc package was sent in January 2023 and priority date is current. No movement except for biometrics. We met after he arrived on F1.

 

My husband will complete his edu program next month however our lawyer is giving confusing advice. She says "you should keep going to school during AOS. Don't stop going to school." But she doesn't explain or offer any more info.

He is not dropping out, he is finishing his program.

I thought as long as he completed his F1 program, there should not be an issue adjusting as he followed through with the original intent of the F1.

 

Questions:

Does he have to enroll in more school or no?

If yes:

What about when his EAD arrives? He would begin working, which invalidates his F1 correct? So this conflicts with the "keep going to school" advice. We assume he will not receive or active the EAD anytime soon anyway, possibly not for many more months.

If he does have to enroll in more school until his GC is approved, does he have to finish that program too or can he stop going once the GC arrives?

Wouldn't enrolling in another edu program be considered F1 fraud as he now has immigrant intent b/c he filed for AOS?

We can't afford to pay for school for potentially another 2 years. Would this be taken in to consideration?

 

I believe the lawyer is advising him to stay in school in case of GC denial, he would have F1 as a safety net. But we don't really foresee a denial, our case is strong.

If he is in fact denied, he'd have leave the US anyway. There is no point in remaining on F1 forever. 

 

Please help me understand what he is supposed to do next. Thank you.

 

 

 

[Boiler 45,451]

The best case scenario for him is to keep in status, so the F1 is what he is on, otherwise he is solely reliant on adjusting through marriage. So I see where the Lawyer is coming from. 

 

Obviously not everybody is able to take the best scenario.

[Chancy 6,241]

17 minutes ago, MMRF said:

I believe the lawyer is advising him to stay in school in case of GC denial, he would have F1 as a safety net. But we don't really foresee a denial, our case is strong.

 

I also think that the advice to stay in school is meant as a safety net for your husband, so he can remain in legal status in case his AOS is denied or you divorce.  But if you two believe those are unlikely, then there is no reason for him to stay in school if he doesn't want to pursue further education.

 

[OldUser 6,615]

Hi, is your husband eligible for OPT?

It would be a good option in my opinion.

[MMRF 21]

Quote

15 hours ago, Boiler said:

The best case scenario for him is to keep in status, so the F1 is what he is on, otherwise he is solely reliant on adjusting through marriage. So I see where the Lawyer is coming from. 

 

Obviously not everybody is able to take the best scenario.

 

15 hours ago, Chancy said:

 

I also think that the advice to stay in school is meant as a safety net for your husband, so he can remain in legal status in case his AOS is denied or you divorce.  But if you two believe those are unlikely, then there is no reason for him to stay in school if he doesn't want to pursue further education.

 

I understand the safety net logic. What doesn't make sense about this is if he is in fact denied, for whatever weird reason, he would not stay in the US. It seems fruitless to just go back to F1 until what, forever? Until he dies? That's just stupid. Wouldn't he go back to his home country and apply for consular processing instead if that's an option? Or just give up I guess. 

 

I suppose my question then really is does completing the intended F1 program and then not enrolling in further education, therefore no longer being in F1 - might that jeopardize the AOS? Will they look at his path and say "oh well even though you did the education you said you would, we feel you should have re-enrolled until we got around to your application", more or less. 

And if so, all of those question I asked in my original post above apply.

 

2 hours ago, OldUser said:

Hi, is your husband eligible for OPT?

It would be a good option in my opinion.

No, he is not.

[Boiler 45,451]

My impression is that most Students do want to stay in the US, whether through work, asylum or marriage. Why spend the big bucks otherwise?

 

Now it's quite possible I am not seeing a representative sample.

 

My assumption is that what the Lawyer sees so hence the comment.

[Chancy 6,241]

1 minute ago, MMRF said:

no longer being in F1 - might that jeopardize the AOS?

 

No, it would NOT jeopardize AOS based on marriage to a US citizen.  The advice from your lawyer was probably given on the assumption that your husband wants to legally stay in the US, despite AOS denial or divorce.  In case you divorce, remaining in F1 status would give him a chance to pursue LPR status through other means, possibly employment-based.