FI renewal. Married to Permanent Resident

K

khushibose

Registered Users (C)
Hi,

I came to the US on F1 visa in Jan 02 which expires on Dec 06. I completed my MS and then enrolled for PhD programme. I have another 3 years left for completion of my PhD degree. I got married towards in 2003 and my husband is a permanent resident. Now when I go to India to renew my F1 visa should I mention in the form that I am married and my spouse is a permanent resident? Also is there any way the consulate can find out about it?
Any response will be highly appreciated. I am really freaking out here. I have to go to India in Jan for my field work.
Thanks.
 
Please do not lie and run the risk of extremely serious complications which can jeopardize your and your spouse's future stay in US.

If you are officially married then you have no choice but to mention that on your F1 visa application. Most likely your F1 will be rejected as married to GC holder indicates immigrant intent.

If you are unofficially married (your marriage is not registered either in US or in India and you hold no marriage certificate; no marriage witness) then you should wait to get officially married till your husband becomes a US citizen. Till then you can maintain F1 status. No problems in F1 extension. This does not amount to lieing as you cannot avail of any benefits of being married.

Most probably you are officially married. Hence, your problem is certainly complicated. You should consult a good immigration attorney. He/she might suggest some possibilities for you.

Can some company sponsor an H1B for you? It is a dual intent visa. You have a MS degree and six months in hand. So look for a job instead of doing a Ph.D. You can get one year OPT till you get the H1B approved. Forget about going to India till all this is resolved. However, also avoid being out of status.
 
If you are officially married then you certainly have to mention that on your DS156 form. They might reject the F1 visa if you are officially married and do disclose that in the DS156 form.

You should try for OPT that will help you.

Are you guys officially married?If so did your spouse file for I-130?

Try avoiding going out of US (of couse with out going out of status) ... that is the best thing that you could do.

All the best.

skumar2010@gmail.com
 
Thanks for the responses so far..

I had applied for OPT after I finished my MS and then within 5 months I got admission into PhD programme. So I don't think I can apply for OPT based on my MS degree now. My husband had filed I-130 within couple of months we got married but except for the acknowledgement we have not heard anything and it is 3 years since our marriage. My PhD research is based in India, thats why I need to go to India to do my field work. Is there no other way out?
 
Your husband may be close to being eligible for citizenship.

You might want to try doing your research work remotely or you might have to choose between your Ph.D research work in India coupled with potential rejection of F1 and extending your I-20 to stay back in USA waiting for your husband's citizenship along with continuing your research work remotely.

Most people might want to stick to the later option.

skumar2010@gmail.com
 
If my F1 visa expires does that mean that my I-20 also expires and I am no longer legal in this country? If I maintain a full time student status with the appropriate course load would that keep me legal inspite of my visa expiring in Dec 06? My I-20 specifies a date upto 2010 for my degree work. Or do I have to get my I-20 extended after my visa expires in Dec?
 
Is it my understanding that even if your F-1 visa has expired you are still considered "in status" as long as your I-20 is valid, taking the proper amount of classes and do not travel abroad. When I was an F-1 student my visa expired 2 years into my 4-year college year but I maintained status thru my I-20 validity. I traveled abroad once after my visa expired and I had to get a new visa and a new i-20 to come back. So in your case if your I-20 is valid until 2010, you should not have to renew your f-1 visa as long as your maintain your status as a fulltime student. I don't beleive these rules have changed but its best to confirm it with your school's international students office.
 
Last edited by a moderator:
Back when I was a student in order to extend my F1 status within US the international student office would issue a new I20 and send a copy to INS. It didn't matter if F1 visa stamp in my passport would have expired. This simple process would extend my F1 status. However, I would I have to get a stamp if I travelled and wanted to reenter US.

I don't know what happens now with SEVIS to extend F1 status.

It seems khushibose has a valid I20 till 2010. So as long as she doen't leave US her F1 status will be fine evene if the F1 stamp on the passport has expired.
Howver, she should confirm this with her international students office. Rules change especially after 9/11.
 
khushibose said:
If my F1 visa expires does that mean that my I-20 also expires and I am no longer legal in this country? If I maintain a full time student status with the appropriate course load would that keep me legal inspite of my visa expiring in Dec 06? My I-20 specifies a date upto 2010 for my degree work. Or do I have to get my I-20 extended after my visa expires in Dec?
Click to expand...
As specified by other users, u r still maintaining a legal status if u have a valid I-20 till 2010, even though ur visa expires in Dec 2006. And yes, if u leave the US, u need to have a new visa stamping.

If u cannot avoid going to India for ur research, I feel it wud be much better if u can get a F-1 visa stamping in Mexico or Canada (i.e. if u have the time) by September or October 2006. But, keep in mind that u run the risk of having to go to India if the US consulate in Mexico or Canada rejects ur F1 visa application. You can reduce the risk of rejection by making sure u have all the papers that the Visa officer myt ask and hence, being prepared to answer all their questions.

Here is the link to my post http://www.immigrationportal.com/showthread.php?t=209461
which details the F1 visa renewal process in Mexico

If u decide to go to Mexico or Canada,
  • do make sure to get an updated I-20, letters of support from your dept, advisor, etc
as mentioned in my post.
 
tamu_anand said:
As specified by other users, u r still maintaining a legal status if u have a valid I-20 till 2010, even though ur visa expires in Dec 2006. And yes, if u leave the US, u need to have a new visa stamping.

If u cannot avoid going to India for ur research, I feel it wud be much better if u can get a F-1 visa stamping in Mexico or Canada (i.e. if u have the time) by September or October 2006. But, keep in mind that u run the risk of having to go to India if the US consulate in Mexico or Canada rejects ur F1 visa application. You can reduce the risk of rejection by making sure u have all the papers that the Visa officer myt ask and hence, being prepared to answer all their questions.

Here is the link to my post http://www.immigrationportal.com/showthread.php?t=209461
which details the F1 visa renewal process in Mexico

If u decide to go to Mexico or Canada,
  • do make sure to get an updated I-20, letters of support from your dept, advisor, etc
as mentioned in my post.
Click to expand...

There's a huge risk in even trying for a F-1 visa anywhere now since an I-130 has already been filed. That's about as strong of an intent to immigrate as one can demonstrate.
 
Hello members,

Thank you so much for the response. They were very helpful.
I checked with my international student services department and they told me that as long as my I-20 has not expired and I maintain a full time course load I am legally staying here. As everybody suggested I would need to apply for a new visa only if I leave the country and want to re-enter after my visa expires.
I have decided to do my research in US and pursue my research in India in the future.
Thank you everybody for the help.
 
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