Adjustment of Status and F-1 student visa

[pacmatt]

I am a USC and married a woman on an F-1 student visa. We just submitted our I-130 and I-485 paperwork yesterday (to be delivered tomorrow) and today, she received a letter from her school stating that she is in violation of her immigration status! What should we do??
Thanks

[pacmatt]

I am a USC and married a woman on an F-1 student visa. We just submitted our I-130 and I-485 paperwork yesterday (to be delivered tomorrow) and today, she received a letter from her school stating that she is in violation of her immigration status! What should we do??
Thanks

[helptoanyone]

Since she married a USC (you) she won't get in trouble. Just file your petitions and everything will be good.
HOWEVER I would strongly suggest not to travel internationally until your wife obtains her temporary green card since she could possibly face trouble at the port of entry when returning.

[aneri]

did your wife know that? Is she still attending classes?

but as helptoanyone says, she will most likely be OK since her stay is now authorised (adjustment pending).

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pacmatt:
I am a USC and married a woman on an F-1 student visa. We just submitted our I-130 and I-485 paperwork yesterday (to be delivered tomorrow) and today, she received a letter from her school stating that she is in violation of her immigration status! What should we do??
Thanks </div></BLOCKQUOTE>
Just to add, when you get the notification of the I-130 and I-485 has been received, send a copy of the NOA to the school's international office. That way, the school will update the records and when the process is finished, be allowed for instate tuition.

I am assuming she is not attending classes full time as the reason for the letter?

[Kumar555]

Hudson, You are saying, once he/she received the NOA of his/her I-130+I485, she will be allowed to attend the school as instate tuition.

I would like to ask you, an F-1 student miss the admission time due to her sickness, student adviser did not completed Form I-539 for her, and did not submited in time to the uscis.
She has an approved I-130 waiting for the approval of her I-485, what she must do to get back into the school.
Appreciate your comments.

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kumar555:
Hudson, You are saying, once he/she received the NOA of his/her I-130+I485, she will be allowed to attend the school as instate tuition.

I would like to ask you, an F-1 student miss the admission time due to her sickness, student adviser did not completed Form I-539 for her, and did not submited in time to the uscis.
She has an approved I-130 waiting for the approval of her I-485, what she must do to get back into the school.
Appreciate your comments. </div></BLOCKQUOTE>
From my understanding, both situations require the student to wait for the I-485 to be completely processed, ie a conditional green card being issued. The reason is that the circumstance will not be beyond the student's control.

[Adam]

My understanding of the law is that school is your sponsor, and they should file the I-539 in time, why the student had to suffer for schools mistake.
Looking for your comments, please.

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Adam:
My understanding of the law is that school is your sponsor, and they should file the I-539 in time, why the student had to suffer for schools mistake.
Looking for your comments, please. </div></BLOCKQUOTE>
if the school knows the student is now married to a USC and is in the process for adjustment of status, dual intent now exists. If dual intent exists, the school will not be able to provide the I-20 and the exception for reinstatement will not be proven.

[marmaduk]

Now I'm confused. Why does I-539 matters if the F1 student is married to an USC and her I-130 and I-485 has been filed? For all intent and purposes the student has a valid immigration status. If anything, she should qualify for resident tuition instead of the cash-machine-for-the-university international tuition.

[pacmatt]

Thank you everyone for your comments. The spin-off conversation that is going on might be more helpful to all of the other users of this site, if it is addressed as a new posting. Thanks again to everyone.