Citizen Engaged To Expired Student Visa

[recalcitrance 0]

Hi everyone. My name is Yuki and I am new here so I hope that I read the rules properly and can make friends and have some help.

I am a US Citizen and am engaged to a non-resident on an expired student visa from Romania. His I-20 is still active and his enrollment is full-time, BUT he wants to work for someone outside of the university so that he can make more money and save for the future.

He has a social security card that states that the DHS has approved his right to work, but I'm not sure how far that goes.

In order for him to apply for a new visa, he would have to go home and it might take a year before he can come back to the states.

What would we/I have to do in order to keep him here and change his status? What are the steps that we should follow and how much would it costs? We are not ready to get married yet so that is why this is hard for us.

Any help would be much appreciated. Thank you!!

Yuki

[B'sA 0]

He has a social security card that states that the DHS has approved his right to work, but I'm not sure how far that goes.

-as long as the visa is valid

In order for him to apply for a new visa, he would have to go home and it might take a year before he can come back to the states.

-or it could take a litle more for the overstaying

What would we/I have to do in order to keep him here and change his status? What are the steps that we should follow and how much would it costs? We are not ready to get married yet so that is why this is hard for us.

get married and apply for the adjustment of status.

good luck!

[pushbrk 12,102]

He has a social security card that states that the DHS has approved his right to work, but I'm not sure how far that goes.

-as long as the visa is valid

In order for him to apply for a new visa, he would have to go home and it might take a year before he can come back to the states.

-or it could take a litle more for the overstaying

What would we/I have to do in order to keep him here and change his status? What are the steps that we should follow and how much would it costs? We are not ready to get married yet so that is why this is hard for us.

get married and apply for the adjustment of status.

good luck!

Getting married and adjusting status would solve the immigration problem but since the couple isn't ready for marriage, now would probably not be a good time to use that solution.

Marry when and if you are ready to marry.

Deal with immigration issues based on current circumstances.

Mixing the two is a recipe for disaster.

[DI&JR 1]

Hi everyone. My name is Yuki and I am new here so I hope that I read the rules properly and can make friends and have some help.

I am a US Citizen and am engaged to a non-resident on an expired student visa from Romania. His I-20 is still active and his enrollment is full-time, BUT he wants to work for someone outside of the university so that he can make more money and save for the future.

He has a social security card that states that the DHS has approved his right to work, but I'm not sure how far that goes.

In order for him to apply for a new visa, he would have to go home and it might take a year before he can come back to the states.

What would we/I have to do in order to keep him here and change his status? What are the steps that we should follow and how much would it costs? We are not ready to get married yet so that is why this is hard for us.

Any help would be much appreciated. Thank you!!

Yuki

Student visa information:

At the university where I work, the F-1 student visa only allows for university-related employment (on- or off-campus). The J-1 is for a specific job, on campus.

I am assuming he is here on an F-1 visa, since you say he has to go home to get a new one. Not sure how he is permitted to be enrolled full-time if his I-20 has expired. He should talk to his international student office.

[B'sA 0]

Marry when and if you are ready to marry.

Mixing the two is a recipe for disaster.

Sorry, i was just thinking technically.

You are absolutely right about the marriage, but what would be other options for him, assuming he don't wanna leave the country and get banning for some years?

I'm just saying.

[pushbrk 12,102]

Marry when and if you are ready to marry.

Mixing the two is a recipe for disaster.

Sorry, i was just thinking technically.

You are absolutely right about the marriage, but what would be other options for him, assuming he don't wanna leave the country and get banning for some years?

I'm just saying.

My philosophy.....Do the right thing and let the chips fall where they may.

[payxibka 10,044]

Hi everyone. My name is Yuki and I am new here so I hope that I read the rules properly and can make friends and have some help.

I am a US Citizen and am engaged to a non-resident on an expired student visa from Romania. His I-20 is still active and his enrollment is full-time, BUT he wants to work for someone outside of the university so that he can make more money and save for the future.

He has a social security card that states that the DHS has approved his right to work, but I'm not sure how far that goes.

In order for him to apply for a new visa, he would have to go home and it might take a year before he can come back to the states.

What would we/I have to do in order to keep him here and change his status? What are the steps that we should follow and how much would it costs? We are not ready to get married yet so that is why this is hard for us.

Any help would be much appreciated. Thank you!!

Yuki

Very little you can do to "fix" his immigration status short of a marriage that you indicate you are not ready for.

A trip home will most likely incur a re-entry ban (dependant on the length of overstay). How long has he been out of status?

[recalcitrance 0]

His I-20 is Valid but his Visa expires in half a year. He's been here for almost 3 years. He came here on a Medical Student Visa with permission to work on campus only.

Re-entry Ban??? What????? What's that?

I'm so grateful for everyone's help. I am so ignorant when it comes to things like this because I've never had to deal with it before.

If we are to marry, what would we have to do to change his status and how long does it take???

I'm so worried that he will have to go home and stay there for I don't know how long.

[payxibka 10,044]

His I-20 is Valid but his Visa expires in half a year. He's been here for almost 3 years. He came here on a Medical Student Visa with permission to work on campus only.

Re-entry Ban??? What????? What's that?

I'm so grateful for everyone's help. I am so ignorant when it comes to things like this because I've never had to deal with it before.

If we are to marry, what would we have to do to change his status and how long does it take???

I'm so worried that he will have to go home and stay there for I don't know how long.

Is he out of status?

After you have accrued a certain amount of overstay days... You can be denied (banned) from re-entering the USA for a period of time and sometimes a very extended period of time.

If you want to get married then you need a Marriage and then file an I-130, I-485 and an I-765

Edited April 24, 2008 by fwaguy

[Minya's wife 24]

His I-20 is Valid but his Visa expires in half a year. He's been here for almost 3 years. He came here on a Medical Student Visa with permission to work on campus only.

Re-entry Ban??? What????? What's that?

I'm so grateful for everyone's help. I am so ignorant when it comes to things like this because I've never had to deal with it before.

If we are to marry, what would we have to do to change his status and how long does it take???

I'm so worried that he will have to go home and stay there for I don't know how long.

Then he is not in overstay currently?

A re-entry ban is placed on some that have seriously overstaid their visa. It is activated, when the oversayer, having left the US tries to apply for a new visa to enter back.

If you should marry, then a simultaneous I-130 and I-485(Along with the optional Travel and Employment Autorization) petition needs to be submitted to USCIS to get his immmigration status changed. The time frame is unpredictable...we completed the AOS process in 2.5 months, but there are some on this site that have waited over a year(if not longer) for their approval....so no telling how long.

-P

[recalcitrance 0]

How long would an "overstay" period be to be considered "extensive?"

He is on an F-1 Visa as a full-time Medical Student.

His I-20 is active until 2010.

If an I-20 is active, does that help with the expired Visa?

[Minya's wife 24]

How long would an "overstay" period be to be considered "extensive?"

He is on an F-1 Visa as a full-time Medical Student.

His I-20 is active until 2010.

If an I-20 is active, does that help with the expired Visa?

His visa is not yet expired...you stated earlier his visa will expire in 6 months. He has that long to figure out what he is to do. If his studies are finished and he does not wish to return to his home country, he will have to see what way is open to him to remain in this country legally - these include employment that is willing to offer him an H-1B visa, continued studies for another F-1 visa or marriage to a US citizen and AOS.

I think you really need to a little more research to see what options are available. Perhaps your BF can consult consult with the Foreign Students office at his university for some guidance.

-P