F1 visa married PR

[SexiieJoy]

my husband and I got married on the May 1st, he is still holding F-1 and expiring this July, but hes not graduating until next aug. We both know he cannot leave the country or else he can't come back until the immigration approve him. But one problem is i will not be apply citizen until this sept. If my citizenship takes 6 months and my husband might need to go back to Hong Kong for some emergencies next summer.

1. Would he able to get unconditional resident by that time?
2. Does he need to file anything to change his status?!
3. Can my husband also travel in US with his expired F-1?

 

[HKAndy]

(1) No, he can't adjust until you are a US citizen, otherwise, he has to wait in line. Once you are a citizen, he can of course get derivative status. According to you, you should get your citizenship 6 months from Sep09, which is March 2010. By then, you husband would apply for derivative benefit to join you. If all those happen, he can come back based on his Green Card.

(2) Yes, you will have to sponsor him as a US citizen. But that's at least 8 months into the future. He can't file until then.

(3) No, if he remains on F1, he MUST visit the Embassy in Hong Kong to renew his F1 visa in order to come back, assuming he is in-status, with a valid I-20 and I-94, but with an expired visa in his passport.

Make sure you understand that a person is considered "in-status" (determined by the I-20 and I-94) regardless of the expiration date of the visa in the passport. Think of the visa in the passport as the key to the door into the USA. Once he is here, it is of no consequence whatsoever (unless of course, he has to leave and re-enter at a later time). Good luck.