I-20 Expiring, Have Not Filed I-485

S

syoo

New Member
Hello,

My husband and I have run into a problem. We have not sent in his I-485 and my petition (I-130) because he has not completed the medical exam. His student visa is expiring next month - how can he stay without getting an I-20? Will he have to return to South Korea and apply for a travel visa? What is the best route?

Also, I am a US born citizen - I don't know if that makes a difference.

Thank you!
 
Why is the I-20 expiring? Graduation? If it's because of graduation, or completion of OPT, he'll have a 60 day grace period after the expiration.

What is stopping him from getting the medical done this month? The designated civil surgeon has a very long wait for appointments?

Also, I am a US born citizen - I don't know if that makes a difference.
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Being a US citizen definitely makes a difference for this situation, but it doesn't matter if you're a born citizen or naturalized citizen.
 
It doesn't really matter if the I-20 expires. He can stay here illegally. Once you apply for AOS as the spouse of a U.S. citizen, it's not going to be a problem.
 
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