two AOS questions

[jpl]

Hey Everybody,

My wife and I were married last summer and are applying for AOS. She is a graduate student and has been in the country studying for six years. She has kept her F-1 visa current and will remain so until the end of her program (at least five years from now). She entered the country on a vistor's visa not intending to stay for school but circumstances changed and she enrolled without returning to her home country (Ecuador). Furthermore, due to finances she has not returned since. Last summer we were advised by an immigration attorney to not travel to Ecuador as she would be required to attain a new student visa issued in Ecuador to allow her to re-enter the US and there would be no guarantee of that happening thus putting at risk her ability to attend grad school. My questions are two-fold: 1) Is it likely that her having entered on a visitor's visa and then changed to a student visa will decrease our chance of receiving AOS? 2) If she is granted advance parole would that alter our situation with regards to traveling or would we still face the same risk of having problems re-entering the country (bear in mind she IS here legally, has current F-1 etc. etc.)?

Your help is appreciated and I must mention that ALL of my other questions regarding the incredibly confusing forms for AOS have been answered either on the Immihelp website or here in the forums. Hooray for shared knowledge!!

Many thanks in advance,
Jacob

[scamper]

Once my husband and I applied for AOS the university no longer recognized him as an international student. He could not leave the country legally without apllying for and receiving an advanced parole. I was doing a program in China, and so they approved the advanced parole and allowed him to go to China and return. After receiving conditional residency status, he can leave and enter the country as he pleases, the student visa is technically no longer needed.