AOS for F1 Student

[immquestion]

You might want to assess what you lose if you wait past November election and see if there is a change to immigration regulations around public charge rule. Being married to a USC, I don’t see any reason why your husband would fall out of status or lose the chance to AOS next year.

There is probably the issue of out of state fees for school being higher for an F-1 student, but given that he is pursuing Ph.D. perhaps he is funded by the Professor/Department?

The language in I-944 asking about having used or been certified to receive or even having applied for public benefit but then canceled your application all sound very intentional at denying those who might have used or intended to use public benefits, so if waiting doesn’t cause any downsides for you, I’d play it safe and avoid getting into the uncertainty and possible denial of the application.

The whole I-944 thing is very new and frankly, I don’t think many people understand very well which way the camel will sit.

Waiting till say Jan also gives you a chance to build up your annual income (tax return) and show an upward trend for the preceding three years and also saving some more to show higher assets.

Again, it’s just my opinion, and your tolerance for risk could be different. You could also consult with a recommended immigration attorney who can go over your situation specifically and advise. It could be worthwhile getting that professional opinion.

I’m hoping this helps, good luck!

My spouse F1 visa is valid till Aug 2020.

[verbose]

My spouse F1 visa is valid till Aug 2020.

The bars for adjustment won't apply to him since he is an Immediate Relative of a US citizen.
See https://www.uscis.gov/policy-manual/...rt-b-chapter-8