Q: Is it a risk if I travel outside of the U.S with an approved I-131, but out of f-1 status?
I've been in the U.S for 3 yrs as an F-1 student. My husband (a USC) and I got married in Feb 2018. I didn't complete 12 units last semester, so my school reported on SEVIS "failure to maintain status" in May 2018. We just filed AOS package today. We're planning to do wedding ceremony in my home country in Jan 2019, that is the purpose I filed I-131 (more proof for bona fide marriage).
As my case, I was out of status before we sent out AOS package. However, we got married before I was out of status. I got an advice that after I get married to an USC I become an immediately relative and I don't need maintain my F-1 status. Therefore, I answered "NO" to question in I-485 "Have you ever violated the terms or conditions of your nonimmigrant status?". Is that correct? or I was actually violated the term? Does the USCIS consider the time I got married or the time AOS package had been sent. Is it a risk if I travel outside of the U.S with an approved I131, but out of F-1 status?
A: You have not violated your status. Once you are petitioned by a US citizen spouse, and apply for adjustment of status, you are considered to be lawfully present in the US. Once you receive your Advance Parole, you are free travel outside the US.
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