Adjustment of Status and Visa?

[Lauren Skeen 0]

So my husband has an F-1 (opt) visa. He's been here since 2016. His opt began in 2024. We began the marriage based green card process in January 2025. He received his EAD in March. However, the green card application is still processing, but his visa is expiring in July of 2025. Should we fill out the form I-539, or is it okay to wait until the green card application processes. I understand without this form and the green card is denied he has to leave, so should we do it as precaution? Or is it necessary because his visa is expiring? 

[appleblossom 4,083]

**Thread moved to AOS from Work, Student & Tourist visas, as OP's husband is adjusting status from a student visa**

[OldUser 9,384]

Visa is a "ticket" into the country.

Once somebody enters the country, their visa doesn't matter as much. What matters is their status.

 

Students, for example, can stay in the country well beyond their visa expiration, as long as they have a valid status.

 

Once somebody files for adjustment of status, they can remain in the country until decision.

 

It's good to maintain other status, when possible. Let's say, I-485 gets denied. If this happens, technically an immigrant can be deported, since they're going to be out of status. But if they're still in valid status like F-1 student, they'll be allowed to remain on that status.