F1 visa expires this month

[nbanik1987 0]

Hello,

I came to the US in 2010 on an F1 visa to pursue graduate studies. I married a US citizen in Aug 2013. My F1 visa expires this month. I filed for I-130, however I am postponing filing for I485 since I don't know if I will stay in the US after my PhD. My question is will my stay be legal after my visa expires?

Thanks

[NancyNguyen 1,657]

Hello,

I came to the US in 2010 on an F1 visa to pursue graduate studies. I married a US citizen in Aug 2013. My F1 visa expires this month. I filed for I-130, however I am postponing filing for I485 since I don't know if I will stay in the US after my PhD. My question is will my stay be legal after my visa expires?

Thanks

After F1 student visa is expired, you have grace period of 2 months to leave. You are not legally staying after those 2 months.

When did your spouse file I-130? Currently waiting time for I-130 of USC's spouse is 5 months. If it has been more than 5 months, your USC spouse needs to call them to file a service request to see what's going on.

You can file I-485 now, remember to include I-130 NOA.

Edited July 3, 2014 by NancyNguyen

[Ben10 2]

Hi;

To the above message, let's make it clear to all F1. After your status (not your visa) has been terminated (by your designated school official, DSO) the time you have depends on how it was terminated. If your status was terminated because you fail for any reason to register as a full time student (if so, your school will terminate your SEVIS number and mention these words in the SEVIS system "UNAUTHORIZED WITHDRAWAL"), you have ONLY 15 days to depart from the U.S. If your status has been terminated because you completed your program of study (at this time your school will mention under your SEVIS number "GRADUATED"), and you will have 30 days to leave the U.S.

The Grace Period of 60 days is when you are changing School, that is, leaving one school for another (also called Transfer). USCIS gives you 60 days to find a new school of your choice and start your program there within the 60 days or right away on the next available session, or whichever comes earlier.

You will never ever have 60 days to leave the U.S. If you do so, you are violating the terms of your f1 visa.

Hi;

Lets make it clear to all F1. After your status (not your visa) has been terminated (by your designated school official, DSO) the time you have depends on how it was terminated. If your status was terminated because you fail for any reason to register as a full time student (if so, your school will terminate your SEVIS number and mention these words in the SEVIS system "UNAUTHORIZED WITHDRAWAL"), you have ONLY 15 days to depart from the U.S. If your status has been terminated because you completed your program of study (at this time your school will mention under your SEVIS number "GRADUATED"), and you will have 30 days to leave the U.S.

The Grace Period of 60 days is when you are changing School, that is, leaving one school for another (also called Transfer). USCIS gives you 60 days to find a new school of your choice and start your program there within the 60 days or right away on the next available session, or whichever comes earlier.

You will never ever have 60 days to leave the U.S. If you do so, you are violating the terms of your f1 visa.

Edited July 3, 2014 by Ben10

[NancyNguyen 1,657]

I'm confused because he said F1 visa expires. Please clarify for more precise ideas.

F1 expires but you still go to school, then don't worry about it.

F1 expires but you drops out school, you are out of status and overstays right after DSO reports you. Your overstaying will be waived because you are married to USC.

F1 finishes with graduation, you have 60 days to leave.

[nbanik1987 0]

I am sorry for the confusion.

Let me clarify, I came to the US as an F-1 student, married a US citizen, but I am still attending school full time, my I-20 is up to date. and I will finish school in Summer 2016.

My wife filed for I-130 in mid-june.

Now am I out of status because I married a US citizen, since F-1 is a NON-immigrant visa?

Edited July 4, 2014 by nbanik1987

[NancyNguyen 1,657]

I am sorry for the confusion.

Let me clarify, I came to the US as an F-1 student, married a US citizen, but I am still attending school full time, my I-20 is up to date. and I will finish school in Summer 2016.

My wife filed for I-130 in mid-june.

Now am I out of status because I married a US citizen, since F-1 is a NON-immigrant visa?

Your F1 status is still valid, you can enroll as normal. If your schooling is important to your life, you should keep going to school. If you quit school, your F1 will be terminated and you will be out of status. I-130 only grants you privilege to adjust status (apply for green card) it won't change your immigration status.

Mid-June then you have like 5 months to wait, you can file your I-485 now, and you don't have to wait that long then wait for I-485 (at least 3 months) You can send your I-485 along with your wife's I-130 NOA, that's way they will adjust your AOS concurrently. Turnaround time is approx. 3months if you have everything in order.

Good luck to you.

[lil2be 11]

Agreed with all comments.

My suggestion to you is to apply for GC. It helps tremendously with your school and work. Because once you file I-765 and I-485, about 3 month period, you will get work authorization. Yes, you can file OPT after graduation but you will have to pay a fee for that. Filing together with I-485, I-765 is free. Plus, your tuition will be considered in-state which is about 2-3 times less than an international rate once you have your GC. Unless you have a grant or scholarship to pay for it, you don't need to worry about it. I had been paying an international rate for almost 10 years and it really got me at some points!

Living in the U.S. or not after your finish your Ph.D is your choice in the future. AOS is your decision NOW to make.

My two cents!

Good luck.

[nbanik1987 0]

Thank you all for your comments.

As some of you have pointed out that I should apply for green card, I should say that I might have to stay outside the US for more than 2 years after I graduate. So I am not sure whether I should apply for a green card now. I had a conversation regarding this here http://www.visajourney.com/forums/topic/503499-green-card-dilemma/

I know there are advantages that come with a green card especially like NSF, DoD, NASA grants etc, however the number of those grants are fewer compared to the number of opportunities in Europe. If I end up getting a position in Europe and stay for more than 2yrs, my green card will be canceled. That's why I am having second thoughts of applying for a green card now.

I am open to suggestions/comments/opinions and thank you for your time.