Married to international student

[j.mitchell99 0]

So me and my fiance got married this december. Her I-20 expires on January 15th. I have gone through and filled out most of her paperwork, and plan to send it out in the next day or two. I was wondering is that enough time for them to process her status change so she can stay in the country.

Thanks for the help,

J

[canadian_wife 1,822]

I doubt her status will be adjusted in that amount of time, I think she enters 'status limbo' while everything is being processed.

Does she have work authorization that expires through her F-1 status (like campus work or and OPT?)

[j.mitchell99 0]

I doubt her status will be adjusted in that amount of time, I think she enters 'status limbo' while everything is being processed.

Does she have work authorization that expires through her F-1 status (like campus work or and OPT?)

No, She is just on a F-1 visa, doesnt have any type of job. Was kind of afriad you would say that.

By the way, how long does it usually take to adjust status? I could have her go to school for another 4 weeks to extend her student visa I suppose.

[canadian_wife 1,822]

The average timeline for adjustment of status from the guides above is 171 days, so about...5-6 months I guess

Does that help?

[payxibka 10,045]

moving to AOS from work, student or other visa type forum

Edited December 30, 2008 by payxibka

[j.mitchell99 0]

moving to AOS from work, student or other visa type forum

So my girl checked some japanese forums and we were under the impression that once I file, I can let her student visa expire and she will still be alright since we are already married and she was on a valid visa from the file date.

Am I wrong about that?

[Lili 3]

Adjustment varies from one local office to the other. Mine - with a slow office- took 9 months.

As soon as you file, you become F-1 pending AOS. And yes, you do not need to fulfill your F-1 visa requirements.

You have to be careful about the I-20 expiration. USCIS really cares about your fiancee being in status, i.e attending school full-time or doing OPT. Has she attended school during the fall quarter? Did she take a quarter off?

Even if she fell out of status, it wouldn't matter as overstay is forgiven with marriage to USC. However, it is NOT recommended at ALL.

Edited December 31, 2008 by Lili