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VolimTe

student visa

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VolimTe Collaborator

VolimTe   0

Posted
Filed: K-1 Visa Country: Bosnia-Herzegovina
 Timeline
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one of my friends came here on a student visa and he was allowed to work or something like that i am not sure.. his visa expired but he still wants to stay here and go to school.. is it possible to extend his visa or anything if its expired.. he is going out with a us citizen and she is not willing to marry him because she thinks he just wants to use her but he loves her and he feels stupid to keep asking..

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
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Posted (edited)

one of my friends came here on a student visa and he was allowed to work or something like that i am not sure.. his visa expired but he still wants to stay here and go to school.. is it possible to extend his visa or anything if its expired.. he is going out with a us citizen and she is not willing to marry him because she thinks he just wants to use her but he loves her and he feels stupid to keep asking..

I'm sorry but I don't blame her for thinking that he's trying to use her if he keeps asking... He should have been trying to find other ways BEFORE putting it only on her.

He needs to go home now because his visa is expired. From my understanding he can't change or extend his visa once it's expired. He should have done something before it expired, and if his status was important to him he would have, rather than making it all about his USC girlfriend.

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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VolimTe Collaborator

VolimTe   0

Posted
Filed: K-1 Visa Country: Bosnia-Herzegovina
 Timeline
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Posted

he asked ONCE thats why i said he feels stupid to keep asking because again .. :) sorry maybe i didnt word it good...dnno ive been reading around and all ive gotten from it was that he has no other choice except to marry her... i dnt want to mess with their lives but if they love each other and if she wants him to stay thats their only choice if not obviously he has to go back home... shes the main reason why he stayed ...

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

he asked ONCE thats why i said he feels stupid to keep asking because again .. :) sorry maybe i didnt word it good...dnno ive been reading around and all ive gotten from it was that he has no other choice except to marry her... i dnt want to mess with their lives but if they love each other and if she wants him to stay thats their only choice if not obviously he has to go back home... shes the main reason why he stayed ...

Oh okay well then if he she won't marry him then yes, he has no other choice but to return home. How long ago did his status expire? That will determine the length of ban he will have.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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milimelo Veteran

milimelo   4,477

Posted
Filed: Citizen (apr) Country: Bosnia-Herzegovina
 Timeline
Posted

If girlfriend won't marry him - time to go home.

Has he completed his degree and you're talking about his OPT expiring?

ROC 2009
Naturalization 2010

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Nina~ Proficient

Nina~   431

Posted
Filed: Citizen (apr) Timeline
Posted

He needs to go home now because his visa is expired. From my understanding he can't change or extend his visa once it's expired. He should have done something before it expired, and if his status was important to him he would have, rather than making it all about his USC girlfriend.

That is not true. For F1 students, the visa is for entry purposes only. As long as his I-20 is current and he is in good-status, he should be fine. If he has completed his program already, he can always apply for a Masters program and have the university issue a new (or renew) I-20. However if he leave the country to visit home, he will have to apply for a new F1 visa to be able to come back.

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

That is not true. For F1 students, the visa is for entry purposes only. As long as his I-20 is current and he is in good-status, he should be fine. If he has completed his program already, he can always apply for a Masters program and have the university issue a new (or renew) I-20. However if he leave the country to visit home, he will have to apply for a new F1 visa to be able to come back.

I assumed "expired" meant totally expired (including I-20). Are you saying that even when the I-20 is expired he can get a new one?

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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Nina~ Proficient

Nina~   431

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

I assumed "expired" meant totally expired (including I-20). Are you saying that even when the I-20 is expired he can get a new one?

It is one of those hairy grey-area deals. If his I-20 expired, he can apply for a reinstatement. It may or may not be approved based on how long he remained out-of-status, and if he had a compelling reason for being out-of-status , such as: got hit by a car, or dad was paying my tuition and he got hit by a car, etc.

He would also have to provide proof as to how/why his circumstances changed so that he can now continue his studies, like: I got hit by a car but I am better now and here is my doctor's note /medical records to prove that; or dad got hit by a car and is better now and here are his paystubs to prove that he can pay my tuition again.

Again, it is a very subjective. It all depends on which side of the bed I/O got up from that morning.

ETA: Op, you need to give us more details. What exipred? His visa, I-20 or OPT? How long ago did it expire?

Edited by Nina~
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