What if my F-1 visa expires while waiting for my marriage-based green card?

February 15, 2019 Off By idswater

What if my F-1 visa expires while waiting for my marriage-based green card?

What If My F-1 Visa Expires While Waiting for My Marriage-Based Green Card? There is a severe punishment for overstaying your visa period. If you are caught staying for more than six months out of status, you will be barred from reentering the United States for three years.

What happens if you have an expired F-1 visa?

The practical consequence of this is that, if you had been intending to apply for an extension or change of your status without leaving the United States, you will not be able to do so. You will instead have to go to a U.S. embassy or consulate outside the United States (most likely in your country of nationality) to apply for a new visa.

Can a spouse apply for a green card with a F-1 visa?

(Only once your visa number becomes available will you be able to apply for a marriage-based green card. Visa numbers are immediately available to spouses of U.S. citizens but not to spouses of green card holders.) The next step depends on whether your visa number becomes available before or after your F-1 visa expires:

Can a student with an F1 visa return to the US?

You may return to the US after an absence of no more than five months. You must have a new F1 visa if your original one has expired. Have your designated school official sign your I-20 before leaving the US. Can I transfer to a different school? Yes.

What happens to your visa status when it expires?

As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired. The status does not end when the visa expires.

The practical consequence of this is that, if you had been intending to apply for an extension or change of your status without leaving the United States, you will not be able to do so. You will instead have to go to a U.S. embassy or consulate outside the United States (most likely in your country of nationality) to apply for a new visa.

Can you get a green card with an F-1 visa?

If you are in the U.S. with an F-1 student visa and have married a citizen of the United States, you are eligible to file for a U.S. green card.

Can a F-1 student apply for a spousal visa?

Navigating from F-1 student status to a spousal visa. If you’re an F-1 student who recently married a U.S. citizen or green card holder (permanent resident), you can apply for a marriage-based green card to stay and live with your spouse in the United States. This process is officially known as “adjustment of status.”.

How long does it take to get married on a F-1 visa?

If you aren’t married already, it’s also generally a good idea to wait 90 days since your last entry to get married.