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.