F1 expired trying to apply for GC

[leahzhao1221 0]

I came to US 2.5 years ago. and my F1 visa expired one year after. I got married with my husband(US citizen) last year. I currently still go to school and my I-20 is still good. My I-94 does not say expiration date but it says "D/S". will the expired F1visa effect me applying for GC? And also my husband is active duty in Army. I heard that it will make the waiting time shorter if I need to apply for the citizenship in the future. But will it have something to do with me applying for adjustment of status?

[Inna 0]

You F-1 visa (in your passport) does not matter as long as you have D/S status on your I-94, and you have been attending school throughout all this time that you've been in the USA. You can apply for a green card with no problem right now or later, and I know that for military families any USCIS appliction process is faster and easier.

[Mavisgrind 1]

I came to US 2.5 years ago. and my F1 visa expired one year after. I got married with my husband(US citizen) last year. I currently still go to school and my I-20 is still good. My I-94 does not say expiration date but it says "D/S". will the expired F1visa effect me applying for GC? And also my husband is active duty in Army. I heard that it will make the waiting time shorter if I need to apply for the citizenship in the future. But will it have something to do with me applying for adjustment of status?

As I understand it, the date on the F1 visa is only for entering or re-entering the US. Once you are here and as long as you are enrolled in classes the visa is good for the Duration of Stay (D/S). If the F1 date has expired, you can not leave the country and re-enter without getting a new one, but as long as you stay in the US, there is no problem. You are not "Out of Status." When filling out your forms, you should put "D/S" in the boxes where it asks for the expiration date of your current visa (Current INS Status: F1 Student D/S; Expires on: (month/day/year) D/S)

My wife was in an identical situation to yours and that is what we were advised to do. The only down side was that she could not travel outside the US until she received her conditional GC.

One thing to note, if you are currently here legally and studying, you do not have to apply for AOS immediately. If you have been married for two years already when you apply for your AOS (or at least two year by the time it is granted) you will be given a regular GC rather than a conditional GC. That means that you will not have to file an I-751 two years later. The only down side is that you have to wait at least three years from the time that the GC is issued to apply for citizenship. But if that's not a problem, doing away with the I-751 hassle might be worth it.

[sachinky 465]

The date on your I-20, D/S is what matters. Not your F-1 visa.

[Val Marty 1]

My F-1's expiration date is in 2011, but I already graduated, so I entered a earlier date (60 days after graduation)