need suggestions, urgent

chikooo

New Member
I am currently on an F1 visa, I will soon graduate and my visa will expire in December 05. I just got married to a USC not too long ago. My question is will I be able to stay in the country after Dec 05 if I send in my I-130, and I-1485 forms before my F1 expires?
 
Chikooo:

If you are on F-1 status, your status should be for D/S, which means "duration of status". Why do you say that it expires on Dec 05? Your student status will in fact expire 60 days after the official closing date of the semester or from the date you submit your thesis or final dissertation. Your visa stamp is not what gives you a status in the US. The I-94 does.
As long as you entered the country legally, even if you fell out of status, it will not make you ineligible for adjustment when married to a USC. You will only be penalized by not being able to get an AP to travel if your where out of status at the time of your I-130/I-485 filing.
If you are already married, you could file right away and include I-765/I-131 for EAD & AP. Once you file, you are no longer on F-1 and dont have to worry about a visa ever again. Good Luck. :D
 
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