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F1 married to USC - Has anyone not maintained their F1 status after filing AOS?

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  • F1 married to USC - Has anyone not maintained their F1 status after filing AOS?

    I filed for the whole package in July 2021. Have had biometrics but nothing else, case under 'active review' for 2 months now.

    Lawyer said that I do not need to maintain my F1 status and that it will not affect outcome at all, also that there is no risk to me if I drop out.

    Has anyone actually done this - dropped out of school after filing? On other forums, lawyers seem to say a mix of things, with some advising to maintain status until the GC is in hand. I am pretty desperate to drop out of my program. Should I at least wait until EAD/AP are in hand so I have a better reason, i.e. work, for dropping out? Or does it not matter?

  • #2
    It will not affect your AOS. In fact, in your category, even if you went out of status before filing AOS, it would still not affect your AOS.

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

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    • #3
      What others have said here is true but do remember that it your AOS has to be denied by any chance (I wish it doesn't), you are out of status and hence it might be better to maintain another status to avoid getting into this situation. Otherwise you should be fine. This is just my opinion, not an advice on what to do.
      | This is my personal opinion and is not to be construed as legal advice |

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      • #4
        Originally posted by platypuswife View Post
        I filed for the whole package in July 2021. Have had biometrics but nothing else, case under 'active review' for 2 months now.

        Lawyer said that I do not need to maintain my F1 status and that it will not affect outcome at all, also that there is no risk to me if I drop out.

        Has anyone actually done this - dropped out of school after filing? On other forums, lawyers seem to say a mix of things, with some advising to maintain status until the GC is in hand. I am pretty desperate to drop out of my program. Should I at least wait until EAD/AP are in hand so I have a better reason, i.e. work, for dropping out? Or does it not matter?
        Hi Member,

        I too recommend you to maintain Non immigrant status until you get the final approval on Adjustment of status petition. I wish you will be getting AOS approval without any issues.. But always be in the safer side.
        Maintaining Nonimmigrant status will not affect your AOS petitions.

        All the best.
        Thanks

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