passport issue

[sharpy102]

Hi all:

Here's some background information so you guys will be able to answer better to my later question:

I'm an international student (F1 status) here in the US for three years now...and well...the prince came on the white horse...meaning, I fell in love and we are thinking of getting married. But...here's the big catch. My visa itself expires in 2013 and my program ends in 2014. This is not even the catch. Sorry about that, but you do need this info to oversee my situation. So, my PASSPORT expires this July, 2011. Now, I know that I am legal as long as I'm registered full time, no matter if the passport expired, or if the visa expired as the visa is only needed for exit and entrance back the U.S. My passport is the issue here...especially since I cannot have my passport issued here in my Embassy/Consulate. I have to physically go back to my homecountry to renew my passport. Now, I'm working like a dog here, so it is not the most convenient to go home at the summer before my passport expires and pay $1500 for a plane ticket just to make a new passport. So, I was wondering if I got married let's say AFTER my passport expired (let's say December for the sake of it) then would I need my passport be VALID in order to be able to change/adjust my status (not sure of the proper terminology here...) from F1 to permanent resident? Or is that all right that my passport expired, but my F1 student status is still active, thus I've never violated my student visa status? What do you guys think? If the passport have to be valid, then I'll definitely go back home to renew my passport before getting married...
Thanks for your reply in advance!

[barbarajlw]

Hi all:

Here's some background information so you guys will be able to answer better to my later question:

I'm an international student (F1 status) here in the US for three years now...and well...the prince came on the white horse...meaning, I fell in love and we are thinking of getting married. But...here's the big catch. My visa itself expires in 2013 and my program ends in 2014. This is not even the catch. Sorry about that, but you do need this info to oversee my situation. So, my PASSPORT expires this July, 2011. Now, I know that I am legal as long as I'm registered full time, no matter if the passport expired, or if the visa expired as the visa is only needed for exit and entrance back the U.S. My passport is the issue here...especially since I cannot have my passport issued here in my Embassy/Consulate. I have to physically go back to my homecountry to renew my passport. Now, I'm working like a dog here, so it is not the most convenient to go home at the summer before my passport expires and pay $1500 for a plane ticket just to make a new passport. So, I was wondering if I got married let's say AFTER my passport expired (let's say December for the sake of it) then would I need my passport be VALID in order to be able to change/adjust my status (not sure of the proper terminology here...) from F1 to permanent resident? Or is that all right that my passport expired, but my F1 student status is still active, thus I've never violated my student visa status? What do you guys think? If the passport have to be valid, then I'll definitely go back home to renew my passport before getting married...
Thanks for your reply in advance!

Yes your passport has to be valid and renewed. And how do you think you can travel if you don't have a passport. You can't apply for a US passport till you become a citizen anyways. So got get your new passport.

[hope123]

Many countries have consulates in the US where passport renewals are handled. You should look into it.

[sharpy102]

reply to Barbara and Hope123

Hey Barbara and Hope123:

Thanks for both of your replies. In terms of passport renewal my consulate cannot renew our passport, I already checked. That's exactly why I was wondering about this issue. Barbara, I could travel home with a piece of paper from my Consulate that they provide for us whose passport expired free of charge as they know we cannot renew our passport with them within the US. I'm not thinking of US citizenship, but just a change of status from F1 to that of permanent resident based on marriage. Would I need a valid passport for that too? Anyway, thanks for both of your replies!
Please take care!

[hope123]

I was on an F-1 too.. and our AOS intv is scheduled .. if I were you, I would take measures to renew my passport . Only we know how genuine we are and if questions are raised, we can answer them by providing substantial evidence. Perhaps there is a way you can get it done from your home country..having some family member do it for you (I'm not sure if that is possible or permitted, but there's no harm trying).

[lionofafrica]

Expired Passport

Hello you do not need to have an unexpired passport as they hardly ask for your passport. All you need is a state issued ID card and your I-94 card to show that you were inspected and paroled into the States. USCIS no longer stamp passport with I-551(GC/LPR) since it now comes in the form of a plastic card. In gone days you need to have atleast a valid passport of 6months duration before it could be stamped( that practice is ancient) . However I think you should be bothered more by issues of eligibilty rather the mundane of a valid or unexpired passport. You came in on a F-1 student visa and may have to go through a CR-1 instead of AOS, anyway consult a lawyer on this, but on the issue of passport have no fear no matter what anybody tells you as long as you have a government issued ID and a valid I-94 you are okay.

Lionofafrica.

[barbarajlw]

Hello you do not need to have an unexpired passport as they hardly ask for your passport. All you need is a state issued ID card and your I-94 card to show that you were inspected and paroled into the States. USCIS no longer stamp passport with I-551(GC/LPR) since it now comes in the form of a plastic card. In gone days you need to have atleast a valid passport of 6months duration before it could be stamped( that practice is ancient) . However I think you should be bothered more by issues of eligibilty rather the mundane of a valid or unexpired passport. You came in on a F-1 student visa and may have to go through a CR-1 instead of AOS, anyway consult a lawyer on this, but on the issue of passport have no fear no matter what anybody tells you as long as you have a government issued ID and a valid I-94 you are okay.

Lionofafrica.

I beg to differ with you there as you have to send a copy of non expired biographic passport page with AOS application. She should have no issue AOS from her visa as she did not intend to immigrate here and met her husband whilst here and as long as she has plenty of proof of that they will be fine.

[hope123]

sharpy, i would suggest you contact the international student office in your school and get an opinion from them

[sharpy102]

thank you for the responses

Hello All:

Thank you again for taking the time to respond. I called my consulate and asked them about my passport issue...turns out that since they are aware that people might not be able to travel home "JUST TO MAKE RENEW PASSPORT" they actually issue a so-called "temporary passport". So I'll just apply for that, and it's free of charge, since it's not our fault (passport holders) that the consulates/embassies don't have the machines to issue passports. So, that side is safe...and yes, hope123, and Barbara are right, I should have no problem doing an AOS. I did meet my husband here, and it's just a matter how much they are going to believe us that we love each other...which is the case, of course. But yeah, that procedure is still going to be a looooooong process (I assume it's quiet long) and we only hope it will work out. Again, thank you so much for all of your responses!
Please take care!

[hope123]

sharpy, get all your documents well organised and read instructions on the forms carefully..and you will be good to go!

[sharpy102]

thank you, Hope123

Hey Hope123,

Thank you...and all the best to you for your interview!!!! Fingers (and toes) crossed for you guys...

[hope123]

thank you sharpy.. and make sure u get that passport query straightened out and confirmed 200% before u proceed with anything. im positive you will be fine, but I have the habit of being absolutely sure before anything.. so do contact the international center of your school and talk to one of the advisors.