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  1. #1

    Default F1 student married to us citizen but out of status, will she be deny AOS?

    I am a US citizen and I married my wife while she was a F1 student in Hawaii. We didn't immediately file for AOS and she left US and came back now on an active I-20. I convinced her to withdraw from my study and do the AOS first. Her councilor said they will report her to immigration and she would be out of status. I called USCIS and they said as long as she entered legally she would be fine. My question is could immigration use what happened to my wife as grounds to deny her AOS?

  2. #2

    Default

    Quote Originally Posted by syl3928 View Post
    I am a US citizen and I married my wife while she was a F1 student in Hawaii. We didn't immediately file for AOS and she left US and came back now on an active I-20. I convinced her to withdraw from my study and do the AOS first. Her councilor said they will report her to immigration and she would be out of status. I called USCIS and they said as long as she entered legally she would be fine. My question is could immigration use what happened to my wife as grounds to deny her AOS?
    No problem from what I can see. As long as she came in legally, everything else will be forgiven at the time of AOS. Unless of course, she has a criminal record etc etc. To be on the safer side, I would get an immigration attorney.

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