Adjustment of Status if I-130 pending and NOT APPROVED

[Roshni2688]

hi there

I am a UK citizen, married to a US citizen and have already submitted I-130 petition while in the UK, PD date is 3rd October 2016. Our petition status is pending since 6 months and we have not heard anything from USCIS as of yet. I am now in USA on a visa waiver program, which is due to expire on the 16 th June 2017. Initially I was going to return back to UK and wait for the visa, however while my time in the USA, i also found out that i have got admission in law school in Florida, due to start on 1st August 2017.

Now my husband and I are contemplating whether to file the I-485 even though the petition I-130 has not been approved. reason being is that I do not wish to take risk by going to UK, and my visa is not cleared will August which may mean that I lose a year of University and thus jeopardising my career.

So, is it possible to send AOS if I-130 is not approved? Will i be able to carry on with my studies?

Urgent response is greatly appreciated.

Thanks

[newacct]

Yes, you can. Just send it with a copy of the I-130 receipt.

Someone with AOS pending should be able to study without restriction but some schools' international offices may not be familiar with it.