Student getting married to a American

[pmed 0]

Hi -

My student visa expires on Nov. 23rd, does anyone know how soon I have to get married and how strict is it if I pass that date a by a month?

thanks

[Navyk 78]

Hi -

My student visa expires on Nov. 23rd, does anyone know how soon I have to get married and how strict is it if I pass that date a by a month?

thanks

If I am right you get 1 years of work stay after your studies. Is this the expiry of that period too!

[Little_My 464]

Wrong forum - you should post in the AOS from tourist, work or student visa forum since it seems that you are planning to adjust your status from a student visa based on a marriage to a US citizen.

That being said, are you on an F1 student visa? If you are, you should attempt to get married and file the AOS paperwork as soon as possible, preferably before your current authorized stay expires (which is not necessarily on the date your visa expires - it is on the date marked on your I-20 form, plus the grace period, which I think is 60 days for F1 visas). When you get married doesn't really mean antyhing - you have to mail the AOS paperwork and it has to be received and acknowledged by USCIS before your authorized stay expires, if you want to avoid overstaying your visa. Getting married just makes you eligible to file for AOS, but marriage alone doesn't give you authorization to stay here any longer.

However, an overstay of less than 180 days doesn't technically cause you any issues, and an overstay of over 180 days doesn't cause issues with the AOS but does mean that you cannot travel internationally until you have received your greencard, not even with an advance parole document. If you end up accumulating close to 180 days of overstay, I would caution you from traveling as well, even though officially there is only a ban for overstays of 180 days or more. Better not to risk it.

If you are a J-1, all that applies as well, but in addition you need to make sure you are not subject to the 2 year home residency requirement.

Edited November 8, 2011 by Little_My

[Ineedhelp811 0]

Hi -

My student visa expires on Nov. 23rd, does anyone know how soon I have to get married and how strict is it if I pass that date a by a month?

thanks

I came to the US as a student F1 and I ended up getting married as well. The thing is you don't have to worry about your visa expiring. F-1 students can stay in America with an expired visa as long as the student is attending school. My visa expired in December of 2006 and I graduated in 2007. No problem there. Now, if you are planning on leaving the country, then you need to reapply for a new visa to return to the US otherwise you are okay.

What you need to do is on your last semester (3 to 4 months before you graduate) you have to apply for a Work Permit Card thru the International Student office. You will get a card based as an OPT status. If you are planning on getting married while you are in school, then all you have to do is file a form called I-485 (if I am not mistaken) that is entitled adjustment of status. But if you are planning on getting married after you graduate, I would suggest you to apply for your working visa 3-4 months prior to graduation. If you wait until you graduate to apply for this work permit you will be in trouble because once you graduate the USCIS gives about 30 days for you to leave the country and usually this card takes about 90 days to get it. I applied for mine in February and I got my card towards the end of April, which was great timing since I graduated in May. That card was good for 1 year. In July I got married, filed the adjustment of status form and then in November of the same year I received my green card.

The best thing to do is to speak to the International Student coordinator and he will tell you what you need to do. But don't worry about your visa expiring as an F-1 student. Unless you are graduating this coming December, there is nothing to worry about. Trust me!!! I have gone through the exact same thing you are going through right now!!

[Ineedhelp811 0]

Wrong forum - you should post in the AOS from tourist, work or student visa forum since it seems that you are planning to adjust your status from a student visa based on a marriage to a US citizen.

That being said, are you on an F1 student visa? If you are, you should attempt to get married and file the AOS paperwork as soon as possible, preferably before your current authorized stay expires (which is not necessarily on the date your visa expires - it is on the date marked on your I-20 form, plus the grace period, which I think is 60 days for F1 visas). When you get married doesn't really mean antyhing - you have to mail the AOS paperwork and it has to be received and acknowledged by USCIS before your authorized stay expires, if you want to avoid overstaying your visa. Getting married just makes you eligible to file for AOS, but marriage alone doesn't give you authorization to stay here any longer.

However, an overstay of less than 180 days doesn't technically cause you any issues, and an overstay of over 180 days doesn't cause issues with the AOS but does mean that you cannot travel internationally until you have received your greencard, not even with an advance parole document. If you end up accumulating close to 180 days of overstay, I would caution you from traveling as well, even though officially there is only a ban for overstays of 180 days or more. Better not to risk it.

If you are a J-1, all that applies as well, but in addition you need to make sure you are not subject to the 2 year home residency requirement.

Well, this person has to file a form called Adjustment of Status and not an Affidavit of Support. If this person is in the USA already as a student, his/her status has to change first. Now, if this person is an F-1 students, the I-20 form they stamp upon reentry in the USA has no time frame. As long as the person is in school, the stay period has no limitations of days. You have to go by the date on the visa.

[Little_My 464]

AOS is Adjustment of Status in this instance. I-20 does have an expiration date, which would be the expected date of finishing studies. If the foreign student extends his/her studies or continues them in another school, he/she will be issued a new I-20 that reflects those changes and will have a new expiration date. You're right, expiration of the actual visa does not necessarily mean the student is out of status and won't be a problem unless the student leaves the US. However, the I-20 does have to be valid at all times for the student not to drop out of status.