F1 visa and citizenship

[cjc.hatcher 0]

So my boyfriend is currently in the United States on his own F1 visa which he obtained to attend school here before we met, he has lived here for almost two years now. We have been dating for awhile and have discussed getting married. I was wondering what kind of process would we have to go through with him having a visa already (though the visa is currently expired). My main concern being that he would have to return to Russia while everything is processed which would be extremely detrimental to his school plans if it was for a number of months as I have heard is possible with a B1. Any advice or insight is so very welcome, I am extremely unsure of the best route and outcome. Thank you!

[Bill and Vicky 25]

He's here on an expired visa. He's subject to deportation at this time. I'm not sure what you can do right now. If he *voluntarily* goes back to Russia, and then you start the paperwork to bring him back, you have the least chance of getting a penalty for overstaying a visa. If USCIS "notices" he's overstayed his visa, then they can apply penalties that may prevent him from returning to the U.S. for several years.

How's your Russian? Want to live in another country for a few years?

Keep reading. I'm sure that others will have help for you.

Regards,

Bill

[Pitaya 2,577]

~Moved from K-1 Process to What Visa Do I Need Forum~

~Inquiry about family visa options~

[cjc.hatcher 0]

He's here on an expired visa. He's subject to deportation at this time. I'm not sure what you can do right now. If he *voluntarily* goes back to Russia, and then you start the paperwork to bring him back, you have the least chance of getting a penalty for overstaying a visa. If USCIS "notices" he's overstayed his visa, then they can apply penalties that may prevent him from returning to the U.S. for several years.

How's your Russian? Want to live in another country for a few years?

Keep reading. I'm sure that others will have help for you.

Regards,

Bill

From the ice.gov website pertaining to F1 student visa:

"2.C. What if my F-1 student visa has expired?

You can stay in the United States on an expired F-1 visa as long as you maintain your student status. However, if you are returning home or traveling to a country where automatic revalidation does not apply, you must have a valid visa to return to the United States."

His I20 is still valid and he is still in school.

Edited July 1, 2014 by cjc.hatcher