F1 VISA Renew or Not ?

bbeiii18

New Member
I just got married half month ago and my husband is a US citizen (he born in the America). I'm an international student that has been study in California for 2 years. My husband wants to do the sponsorship for me in order to help me stay here. We are preparing for our documents with I-130, I-485 and those following forms. My husband go to work and he really busy so I have to take care almost of those papers by myself. And I want to ask about my F-1 VISA, according to my passport, I already passed the expired date likes over 11 months. But according to my I-20 paper, I still have more than 2 years to study legally in the US. Does is possible for me to continue to do the Green Card papers with my invalid VISA or I should go back to my country to renew my VISA and then comeback to the US to do the sponsorship later? Thank you so much for reading this and sorry about my awful writing (also grammar) skills.
 
First of all, a U.S. visa is only for entering the U.S. It has nothing to do with staying in the U.S. Your ability to stay in the U.S. is determined by your status, which is your I-94, and since you're F1, your I-20. A visa is only needed if you leave the U.S. and want to come back. Furthermore, you should not leave at this point because you have immigrant intent, and so you cannot use a F-1 visa to enter.

You are in valid F-1 status. But even if you were not in valid status, it would still not affect your green card application because you're an Immediate Relative of a U.S. citizen.
 
First of all, a U.S. visa is only for entering the U.S. It has nothing to do with staying in the U.S. Your ability to stay in the U.S. is determined by your status, which is your I-94, and since you're F1, your I-20. A visa is only needed if you leave the U.S. and want to come back. Furthermore, you should not leave at this point because you have immigrant intent, and so you cannot use a F-1 visa to enter.

You are in valid F-1 status. But even if you were not in valid status, it would still not affect your green card application because you're an Immediate Relative of a U.S. citizen.
Thank you so much
I really appreciate that
 
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