Need help immediately
I am on F1 status and my husband is on greencard. I came here on Jan 2 2006 and got married on May 15,2006 and immediately filed I-130. Now my husband has applied for his citizenship and his priority date is July 3,2006. His fingerprinting is done. We are now waiting for his interview letter. My questions are:-
- My I-20 is going to be expired on October 2, 2006. And I do not have OPT and my visa expires on 4 December 2006. Can I stay here without extending my F1 as I have filed I 130?
Please advice me soon!! I am really worried
To the best of my understanding, since at the time you applied to change status, you were still legal and law really covered you then and still covered you till your case is determined. Just curious, are you still maintainin your student status?
To the best of my understanding, since at the time you applied to change status, you were still legal and law really covered you then and still covered you till your case is determined. Just curious, are you still maintainin your student status?
I have just filed I-130 not any other forms till my priority date becomes current. My husband is in process of getting citizenship. I am currently on F1 status but my I20 is going to expire soon!! Thats why I am askin, whether can I overstay my visa (which is till Dec 04,2006) or not!!
Please advise me!
its the I-20 thats important, not the visa really. if your visa has expired but your I-20 is still valid then you are still in status. im curious, why havent you applied for OPT yet??
i dont think your I-130 means much. its your I-485 that matters as your status changes to pending aos. so what you can do is wait till your husband gets citizenship, but DO NOT leave the country and then apply for your I-485 immediately. overstay is forgiven for spouses of US citizens.
Also, start counting the days after your I-20 expires to the day you get your notice date for I-485 (this is the day they put you in their system). if its less than 180 days then you can still get AP and travel if you wish.
if you dont care about travelling then you dont even have to bother about counting and all that, just dont leave the country until you get the GC in your hand.