special case

[Sam Archi]

If any one knows the answer please help !
My wife came to US on 2/10/2017 on a B1/B2 visa, and she was supposed to leave by 8/9/2017, but before that we filed a change of status to F1 visa (on 08/04/2017) which gives her the right to wait for their decision inside the Us, meanwhile we filed an AOS on October 4th 2017 based on a pending I-130 (PD 12/15/2015) once it became current.
i just wanna know if from 8/9/2017 to 10/4/2017 the time we filed AOS , my wife was out of status or not ?
PS : i have a green card, i'll apply for US citizen in 2 months.

[newacct]

If any one knows the answer please help !
My wife came to US on 2/10/2017 on a B1/B2 visa, and she was supposed to leave by 8/9/2017, but before that we filed a change of status to F1 visa (on 08/04/2017) which gives her the right to wait for their decision inside the Us, meanwhile we filed an AOS on October 4th 2017 based on a pending I-130 (PD 12/15/2015) once it became current.
i just wanna know if from 8/9/2017 to 10/4/2017 the time we filed AOS , my wife was out of status or not ?
PS : i have a green card, i'll apply for US citizen in 2 months.

It depends on whether the Change of Status to F1 was approved or not.

[Sam Archi]

It depends on whether the Change of Status to F1 was approved or not.

it's not approved yet

[newacct]

it's not approved yet

If the COS is approved, the I-485 will be fine. If the COS is denied, her I-485 will be denied because she needs to be in status at the time of filing I-485 in her category. In that case, she would either leave or wait until you become a citizen to file AOS again.

[Sam Archi]

If the COS is approved, the I-485 will be fine. If the COS is denied, her I-485 will be denied because she needs to be in status at the time of filing I-485 in her category. In that case, she would either leave or wait until you become a citizen to file AOS again.

we filed COS on 8/4/2017 and it's still pending as of today, the EAD and AP are being reviewed now (as per USCIS), so what you think ? they have to wait till COS is approved ? or they issue the combo card first and then decide whether AOS should be approved or not ? i'm not sure what to expect now !!