We are in the process of getting all of the paperwork done (i-130, i-485 etc.) and we are getting married on Friday. My fiancee's f1 student visa expires on the 6th of August..today is July 20th. We are worried it will take a week to get the marriage certificate, and that there will be another week or 2 before we receive a receipt notice from the office we send the forms to. What happens if we do not have a receipt notice before August 6th? We will hopefully be overnighting all of the forms by July 30-31.
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Getting married, but fiancee's F1 visa expires in 17 days??
- Thread starter Icebolt56
- Start date
Jackolantern
Registered Users (C)
The visa expiration date is not important. The visa expiration represents the latest date to enter the US, not the date when it is necessary to leave the US. If she continues to study according to the rules of the visa, has a valid I-20 and has not done unauthorized off-campus work, she would still have F1 status despite the visa expiration. In addition, there is a 60-day grace period after studies have ended. Didn't you say in another thread that she has a year of school left?
Has she done the I-693 medical or at least made an appointment for it? Probably not, based on your other thread. That takes some time ... it requires 2 appointments a few days apart plus another week or so to get the results.
Has she done the I-693 medical or at least made an appointment for it? Probably not, based on your other thread. That takes some time ... it requires 2 appointments a few days apart plus another week or so to get the results.
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The visa expiration date is not important. The visa expiration represents the latest date to enter the US, not the date when it is necessary to leave the US. If she continues to study according to the rules of the visa, has a valid I-20 and has not done unauthorized off-campus work, she would still have F1 status despite the visa expiration. In addition, there is a 60-day grace period after studies have ended. Didn't you say in another thread that she has a year of school left?
Has she done the I-693 medical or at least made an appointment for it? Probably not, based on your other thread. That takes some time ... it requires 2 appointments a few days apart plus another week or so to get the results.
She technically has another year of school left but her parents are not going to give her the money in order to go full time, so she is not going to be taking classes this semester, therefore ending her visa on august 6th (6 months after the last visa was renewed i think is how it works). So she hasn't "completed" her studies. Everything I have read online says that as long as she entered lawfully and she is marrying a US citizen (me), that her status won't matter. But I have no idea...
She has an appointment for the medical exam on Friday.
Jackolantern
Registered Users (C)
She technically has another year of school left but her parents are not going to give her the money in order to go full time, so she is not going to be taking classes this semester, therefore ending her visa on august 6th (6 months after the last visa was renewed i think is how it works).
No, that is not how it works. When the last visa was renewed has nothing to do with it. She is not required to attend in the summer break, so she cannot go out of status in the summer break unless she directly withdraws her enrollment from the school or is expelled. So without an explicit withdrawal/expulsion like that, she would maintain status until the end of the summer and would go out of status only when the semester starts without her attending classes.
I'm sure the fall semester doesn't start on August 6; it's almost surely late August or later. If she can somehow come up with the money before classes start (change her parent's mind, get a scholarship, pay for tuition with a credit card, have you pay for it, etc.), her status would be maintained.
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Jackolantern
Registered Users (C)
But.....if she is out of status for a week or 2..would that affect the i-485, i-130 after we are married on friday??
No it won't, unless she is caught by immigration agents in the period between going out of status and filing the I-485.
However, like I said, she's not going out of status on August 6, unless that is when classes start for the fall semester. She would go out of status in late August or early September (whenever classes start).