Adjustment of status with expired F1 visa but valid i-20 school form

[Mada01 0]

Hi everyone please i need some advice, my spouse is an american citizen and i will like to know if its possible to file form i-130  when i am currently a student in the united state with an expired F1 visa but a valid i-20 form given to me by my school.  Will i need to leave the country before i can file form i-130. All this seem new to me your advice will be very much helpful

[Timona 4,207]

No. You don't need to leave.  You can file and AOS. I'd encourage you to do concurrent filing as you won't have to individually pay for some forms.

 

Remember to add I-944 to the list below

 

And if you follow the guides below,  you can save on lawyer fees. Most VJers have done the same,  especially if your case is straight.

 

 

Edited July 11, 2020 by Timona

[Ontarkie 14,221]

~~MOved to AOS from Work, Student, and Tourist Visas, from AOS Family K1/K3 - as the OP is asking about AOS from F15~~

[juancarlos 126]

No problem, as long as you are maintaining your F-1 status going to classes full time, you can file for AoS and keep studying your program.

 

What you should not do is leave the country now. As they adviced, file concurrently ASAP.

[Thenaturalstate 9]

No, you do not have to leave the country. It is highly recommended that you keep enrolled in the school until AOS is complete. So that you have a status in case things turn south or you need to refile. 

[pigrew 34]

Based on your post, you have not overstayed your visa. Visa expiration only means that you would not be able to re-enter the country.

 

My wife's F1 visa also expired a while ago, and she's even able to work with CPT authorization.

 

If you marry a US citizen, they will also normally also disregard overstaying your visa (N.B.: check with a lawyer first, if your plan is to overstay).