Would the spouse of a US citizen, legally present in the US and in status on a student visa and after filing for adjustment of status, still be required to maintain that student status for as long as it would take for INS to get around to granting an immigrant visa at the interview?

Thank you.

Dear Anonymous:

As long as the adjustment of status application is ultimately approved, you will have no problem if you stop going to school. If yours is a good marriage, and you have no problems that would keep you from obtaining residence, there is no real need to continue attending school.

However, if you stop going to school, and the application for adjustment is denied, you could be out of status. Good luck.

I see; there would be no problem with proving a good marriage or getting residence.

When you say "no real need to continue attending school," doesn't the law require nonimmigrants to maintain status, even after marriage to a US citizen, until an immigrant visa is given? I wouldn't want to create future trouble, because right now there is nothing in our case to prevent issuance of an immigrant visa.

May I assume that under my original scenario (as I wrote on February 22) that after filing for adjustment of status the spouse would NOT be permitted to work until the immigrant visa is ultimately granted?

Last question (promise!): Please also confirm that permission to re-enter the US after filing for adjustment of status may be given before leaving the US for a brief trip abroad.

Thank you very much.

Dear Anonymous:

You asked whether you would "still be required to maintain that student status for as long as it would take for INS to get around to granting an immigrant visa at the interview?" Our answer was that you would still be granted adjustment of status if the marriage is bona fide, and you are not otherwise ineligible for adjustment. You would only have to maintain the non-immigrant status in the event that your application for adjustment was denied, because if you were no longer attending school you would be out of status and would have to return home.

If you apply for a work permit at the time you file the application for adjustment, a work permit will be issued within 90 days. You do not have to wait until you receive permanent residence.

If you have always maintained status prior to filing for adjustment, you can apply for an advance parole to travel outside of the US, and return, while your application is pending.

If you have any other questions, please do not hesitate to ask. Good luck.