Totally Lost and Confused

[doshi8000 19]

I wrote a lot so why don't you specify, Madam VJ...

[jan22 2,901]

What sbai wrote.

Actually, this, too, may be misinformation. It doesn't matter if his student visa has expired -- what matters if is his student STATUS has expired. If he was admitted for "Duration of Status" and has maintained a proper student status (he can verify that with the international students' office at his school), then it doesn't matter if the visa has expired. That would only be a factor if he left the US and wanted to re-enter. He would then need a new visa before he could get back.

[Harpa Timsah 13,258]

Actually, this, too, may be misinformation. It doesn't matter if his student visa has expired -- what matters if is his student STATUS has expired. If he was admitted for "Duration of Status" and has maintained a proper student status (he can verify that with the international students' office at his school), then it doesn't matter if the visa has expired. That would only be a factor if he left the US and wanted to re-enter. He would then need a new visa before he could get back.

Yes, but there is no point for the OP to leave the US and then come back. AOS is available for situations like this, and is the best and most logical approach.

The current status of his visa doesn't matter for AOS in the US, based on a marriage to a USC.

[JimmyHou 610]

I wrote in haste he has the permit he can get that allows him to work while being a student off campus. Since the F1 Visa expired and he's still been studying full time and working off campus he has been fine. But now the permit that allows him to work will be expiring next month. I know as long as he is a student full time he is okay but after that work permit expires he won't be able to work and pay for his tuition to finish his nursing program. He already has an associates in nursing but is now studying for the bachelors and subsequently wants an mba.

I thought that getting married and filing for him to get permanency would scath off the work permit issue and he would not be deported. I think I need to call the USICS and be sure. The lawyer that I talked to is only about the money and I need answers quickly before we dish out what we will need to file.

Please clarify something: when you say his F-1 visa has expired, do you mean that the expiry date on the visa has passed? If that's the case, he may or may not still be in legal status.

If his school has applied for and received an extended I-20 on his behalf, then he is still in legal status regardless of whether or not his F-1 has expired; the I-20 extends it's validity. The only restriction is that if he leaves the US, then he'll have to apply for a new F-1 using his I-20 at a US consulate.

You say he's still studying, so I assume his I-20 is valid because the school wouldn't let him take classes if he is "out of status". So, find out if he has a valid I-20 and if the I-94 he got at the airport says "D/S" on it. If so, then he is still in legal status even if the F-1 is expired. For example, if his I-94 says D/S and his F-1 expiry date was 07/20/2014 but he got his I-20 extended by one year on 07/15/2014, then he'd be in legal status until 07/14/2015, although he'd need a new visa to renter the country if he leaves. This is a pretty routine situation for students who don't finish their program by the time their visa has expired. Now, if he failed to renew his I-20, then he's out of status.

I'm afraid I don't know much about adjusting his status to a permanent resident if he is on a valid F-1 or if he's out of status. The other posters on here will be more helpful with that, but I wanted to chime in in the F-1 status issue.

Edit: looks like Harpa's last post answers the AOS question.

Edited July 23, 2014 by JimmyHou

[jan22 2,901]

Yes, but there is no point for the OP to leave the US and then come back. AOS is available for situations like this, and is the best and most logical approach.

The current status of his visa doesn't matter for AOS in the US, based on a marriage to a USC.

Exactly the point I was making -- there is not problem with him still being in the US if his status is current and there won't be problems with the other aspects of what they want/need to do if he is. You wrote that everything sbai wrote was correct and there was a lot of misinformation in other posts. However, sbai wrote:

"from what I understand his F1 visa has expired....and his work permit is contingent on him having a valid student visa....? then he is SOL"

And that is not correct -- his work permit is contingent on him being in valid student STATUS (and can likely be renewed, unless it was for OPT) not on him having a valid student visa.

Just wanted to make sure people were not confusing terms/