Married F1 visa holder -can F1 be extended in the US

[TazMan 0]

I have a few questions and hopefully someone here can provide some help. My situation has turned out a little more complex than I originally planned. I recently married a woman here on a F1. Since our marriage her F1 has expired but she still has been attending school. We have yet to file for AOS.

This is where my questions arise. Do we just file for AOS similar to as if someone came here on a K-3? With the following forms?

1. G-325a

2. I-864

3. I-485

4. I-765 (optional)

5. I-131 (optional)

6. G-1145 (optional)

Or are there some other forms we’ll need? Does she need a medical exam since she never had one before coming here? I was using the guide here but I didn’t see one for AOS for someone on a F1 and assumed (hopefully correctly) that this is the one to use.

http://www.visajourney.com/content/k1k3aos

Now for the trickier part of our situation. Her mom’s health is failing. Her mom had open heart surgery last year and is still struggling and she needs to return to her home country as soon as possible however her student visa is expired.

My understanding is she can leave of course but since her F-1 is expired she can’t return. So is there anyway within the US she can extend her F1 so that she could travel home almost immediately and still be able to return to the US?

Another thought is file AOS and for AP. However it looks like the AP timeline is about 60+ days at the moment before it is received. Is there any way to speed this up such as claiming hardship? What is realistically the least amount of time we'll need to get advanced parole approved and how do we do it? If we could get the F1 extended in country it might be an option if that is truly an option.

Somewhat related to all this is she is about to finish school her program at school. Technically when she finishes school, she has 60 days to leave the country but will that matter at all once we file AOS. How finicky are the about status AFTER you file the documents. For example if we file now and she finishes up school and then is no longer in school, will they consider her out of status even if she is here more than 60 days after school has ended if they are still working on the AOS? There is another program we might be able to get her into if she must remain in school but that would require a substantial proof of cash on hand and I don't know if I can meet that as I exhausted most of my funds paying for her mom's heart surgery last year.

It seems like based on the timelines here that it will take much longer than 60 days for all of the approvals. So do they consider the status at the time of filing or when they get around to reviewing the documents? I really need to find a way for her to return home quickly yet still be allowed back into the US.

Lastly can she apply for a social security number now that we are married? My state requires one for getting a driver’s license or do I have to wait until we file the AOS documents?

Any help or insight is appreciated. Thanks in advance.

[Saddle Bronc 124]

F-1 could have been extended with I-539 (for $290) but not post-expiry. BTW, she could have applied for an SSN while she was in F-1 status (I have seen more than once on other fora, the question of changing from TD to F-1--with this very issue being one of the reasons for the question).

Edited June 21, 2011 by Saddle Bronc

[canadian_wife 1,822]

Technically she had 60 days to leave the country after her visa expired. If she doesn't have a current valid, unexpired visa, she is out of status in the US

If she leaves, she wont' be allowed to return

She could have extended her visa, but she cannot now that it is expired.

She can speak to the school about what her options are regarding schooling but nothing you can do for her in that

Good luck

http://www.visajourney.com/content/i130guide2

PS the correct guide you need is linked above

[TazMan 0]

The school said she could stay after the expiry period as long as she was still attending full time.

So with the expiration of her visa, will that cause any issues with the AOS process? She is still in school at the moment.

[rika60607 215]

NO, she has 60 days to leave after she finishes her studies.

There are two documents at work here: F1 visa which allows her to cross US border and I-20 which defines her status in the US. As long as her I-20 is valid (and she attends school full time), she is OK to be in the US.

If she leaves the US, she will need to get another F-1 to come back (likely will not work as she now is married to an American) or you need to file for AOS and she has to have advance parole approved.

Good luck.

(your situation is not that complicated, she is in status and did not even overstay)

Technically she had 60 days to leave the country after her visa expired. If she doesn't have a current valid, unexpired visa, she is out of status in the US

If she leaves, she wont' be allowed to return

She could have extended her visa, but she cannot now that it is expired.

She can speak to the school about what her options are regarding schooling but nothing you can do for her in that

Good luck

http://www.visajourney.com/content/i130guide2

PS the correct guide you need is linked above

No issues, just file AOS asap.

The school said she could stay after the expiry period as long as she was still attending full time.

So with the expiration of her visa, will that cause any issues with the AOS process? She is still in school at the moment.

[canadian_wife 1,822]

The school said she could stay after the expiry period as long as she was still attending full time.

So with the expiration of her visa, will that cause any issues with the AOS process? She is still in school at the moment.

Sorry, yes - I assumed she had not cleared this with the school

[Harsh_77 718]

The school said she could stay after the expiry period as long as she was still attending full time.

So with the expiration of her visa, will that cause any issues with the AOS process? She is still in school at the moment.

She is not out of status nor she has to worry about the 60 days grace period.

As long as she is maintaining her student status which is attending the college full-time and her I-20 is valid she is ok.

Visa is only good for entry to the country, she would be able to leave the country, but would not be able to enter the country without getting a new F1 stamped.

Her chances of getting a new F1 would be slim, as now she is married to USC. Embassy would consider this as her circumventing the normal CR1 process.

Only option is file for AOS immediately, but she will have to wait for AP before she can travel home OR the other option would be she can travel home you file for CR1 and she can stay back in her home country for couple months until the CR1 process is complete.

[TazMan 0]

Thanks for all the feedback and clarifications. It has been very helpful.

So it sounds like her I-20 is valid so she can stay but with the F-1 one expired she can't return if she leaves.

So that basically leaves one key question. Her studies will wrap up shortly. So if we file the AOS immediately, will there be any issue if she finishes up school and is no longer going to school while the AOS is in process? Will there be any negative ramifications if she is no longer attending school but was attending school while we filed?

[Harsh_77 718]

Thanks for all the feedback and clarifications. It has been very helpful.

So it sounds like her I-20 is valid so she can stay but with the F-1 one expired she can't return if she leaves.

So that basically leaves one key question. Her studies will wrap up shortly. So if we file the AOS immediately, will there be any issue if she finishes up school and is no longer going to school while the AOS is in process? Will there be any negative ramifications if she is no longer attending school but was attending school while we filed?

If you file for AOS before she graduates from the school then she would be fine.

Coz which means you have already reported her new status to immigration and asked them to adjust it.

[vitalida 0]

Hi! I was in a similar situation regarding the F-1 visa. Your wife as you already know is allowed to stay and complete her studies. This type of visa allows you to stay in the country till the duration of status. Just make sure her I-20 is valid and there is no issue. I'd advise you to apply for the AOS, so you can get the ball rolling. To speed things up I would also contact USCIS once they receive your application and explain your situation. In case they will not want to expedite your application, you should contact your congressman and they will help you out. I hope this helps. Good luck with everything and best wishes to your mother-in-law.

[TazMan 0]

Thanks so much for all the help. We'll be able to send in our documents next week. So she should still be good on her I-20.

Vitalida- thank you for your kind words regarding my mother-in-law.

It seems that it isn't as all complicated as I thought it might be which is a relief for both of us.

[Harsh_77 718]

Thanks so much for all the help. We'll be able to send in our documents next week. So she should still be good on her I-20.

Vitalida- thank you for your kind words regarding my mother-in-law.

It seems that it isn't as all complicated as I thought it might be which is a relief for both of us.

Just to correct the previous poster, based on the medical condition the AOS process would not be expedited.

Nor your congressman nor your Senator can get it expedited; they can help you if your application is stalled beyond the reasonable time.

The only time the application is expedited when there is a humanitarian coz like your spouse could be in war torn country and there is danger to his/her life. OR

One of the spouse is an active US military member serving the country and on active duty or about to be deployed to war zone.