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F1 AOS for GC question: Withdrawing from classes & marriage

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  • F1 AOS for GC question: Withdrawing from classes & marriage

    Hello, I'm looking for some advice based on certain circumstances:

    Background
    • I'm a US citizen and my fiance is a F1 student of Chinese nationality
    • Been together for almost 12 months and I recently proposed to her while on a trip to Australia
    • She's been a full-time student(2 Masters and 1 PhD w/ OPT) and continued her studies with a 3rd Masters course when she did not get a H1 through her last employer in the 2016 lottery
    • She's taken 2 semesters with her university with the current 2nd semester ending Feb 28th


    Scenario
    • We are seriously looking at getting married by early-Mar and apply for AOS through I-130/I-485
    • In the interim, we are considering her withdrawing from her school or if possible and if the school allows it, get a time off from school
    • Primary reason for this approach is that we don't feel the 3rd Masters degree adds much value to her professional credentials and also saves us from spending another $5,500 on a semester


    Questions
    1. What will her F1 grace period 0/15/60 days be for withdrawing from the school?
    2. Can she withdraw from school with a 0 day grace period and still be okay to apply for an AOS after we get married in March?
    3. What impact could this have on her GC/immigration process considering the above background & scenario?
    4. Assuming AOS is accepted, am I correct in that she should not travel internationally till she has received her temporary GC as CBP may give her a hard time re-entering the country or negatively impact her AOS/GC process?
    5. Any other factors or conditions to consider?

  • #2
    1. no grace period
    2. yes
    3. impact of what? nothing you said has an impact
    4. or until she receives Advance Parole (assuming she applies for it)

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      1. no grace period
      2. yes
      3. impact of what? nothing you said has an impact
      4. or until she receives Advance Parole (assuming she applies for it)
      Thank newacct! My main concern was if during the GC interview process they would have issues with her being out of status with no grace period for around 30+ days.

      Comment


      • #4
        Originally posted by SimplyBlue View Post
        Thank newacct! My main concern was if during the GC interview process they would have issues with her being out of status with no grace period for around 30+ days.
        Nope. She could be out of status for years and it wouldn't make a bit of difference.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          Nope. She could be out of status for years and it wouldn't make a bit of difference.
          Thanks again for the quick response! On a side note, is there a checklist of forms and items to be sent as part of the documentation package anywhere on this website? I'm able to glean that info from other user posts as well as something I found on another website (VisaJ....), but wanted to see if there was anything provided on this website.

          User post example:

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