F2a aos

[Butterflynixx]

Hello guys,

There was a user with a similar scenario in this forum last year but I can't seem to find it. I am the spouse of a LPR looking to submit AOS package this week. I am currently on F1 and adjusting in the U.S. I-130 filed 6/24/2019 Approved 4/1/2020. Since I am F2A, do I have to remain in school and maintain status till the day of the interview? Or am I protected under adjustment of status once the AOS package is received by USCIS?

Thank you!

[Enub4]

From other posts I read, you must file I-485 while in status (in your case F1). Once the I-485 is accepted (complete application and not rejected for something missing), then you can stop going to school.

The only problem with your case is that if later on they said you missed a required form and deny your I-485, I think you can't file again if you are not F1. AOS is not a status and as a person married to LPR you must be in status when you file.

I hope I'm right. I'm no expert. Good luck.

[martad]

I’m in the same situation. The advise from my lawyer is to stay at school until the interview is done. She said that USCIS officers are more focused on maintaining status especially in f2a category right now. It could be a reason for denial. Of course it depends on the officer. So I’m staying at school - better safe than sorry.

As far as my timeline, I’ve already had my interview scheduled for April 28th and obviously canceled and ready to be scheduled again.

[newacct]

I’m in the same situation. The advise from my lawyer is to stay at school until the interview is done. She said that USCIS officers are more focused on maintaining status especially in f2a category right now. It could be a reason for denial. Of course it depends on the officer. So I’m staying at school - better safe than sorry.

As far as my timeline, I’ve already had my interview scheduled for April 28th and obviously canceled and ready to be scheduled again.

No, it cannot be a reason for denial. It does not "depend on the officer". You just need to have maintained status until I-485 is filed. Going out of status while an I-485 is pending cannot affect approval of that I-485.