Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

F1 valid, I20 expiring soon, GC processing underway, am I legal to stay?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • F1 valid, I20 expiring soon, GC processing underway, am I legal to stay?

    Hello
    I am an F1 student completing my M.S. thesis (I don't need classes or any credits - I just have to defend) with my current visa valid for 4 years. I am graduating and defending by May. However, my I-20 is expiring in a week since I am not enrolled (I know I have 60 days to stay in the US legally once it is expired). I have the option of continuing to pay to remain in status but its a lot of money for me right now and I would rather not pay if I don't need to. With that said, I married a U.S. citizen two months ago after being in a relationship for 6 years and filed for GC about 3 weeks ago and received the I-797C receipt for it by mail. I am currently waiting for the biometrics appointment letter with the appointment details. All the paperwork is complete and the payments have been made for adjustment of status and work authorization. So can I remain in the US without having to enroll myself or would that affect my GC processing?

    Thank you in advance for your responses

    Sincerely
    Shedairy

  • #2
    I am guessing you applied for GC thru concurrent filing (I-130 & I-485 filed together) - so don't worry about status. You can stay in country legally as long as you received USCIS receipt for I-485 petition but can't work or leave country until you receive AP/ EAD card (which takes about 3 months if not RFE received). Although, once your I-20 expire you won't have any status. Which means you'll need to wait for EAD / AP card incase you need to apply / renew driving license, passport renewal etc.

    Although, I am confused. No F1 visa is valid for 4 years in MS program, plus you need to enroll into MS Thesis defense credit hours to defend your MS Thesis. Your F1 status is valid as long as you hold valid I-20 along with valid visa stamped in passport.

    Source : I completed MS Thesis in US & currently waiting on GC thru marriage.
    Last edited by GC0102; 02-01-2016, 02:33 PM.

    Comment


    • #3
      Originally posted by GC0102 View Post
      I am guessing you applied for GC thru concurrent filing (I-130 & I-485 filed together) - so don't worry about status. You can stay in country legally as long as you received USCIS receipt for I-485 petition but can't work or leave country until you receive AP/ EAD card (which takes about 3 months if not RFE received). Although, once your I-20 expire you won't have any status. Which means you'll need to wait for EAD / AP card incase you need to apply / renew driving license, passport renewal etc.

      Although, I am confused. No F1 visa is valid for 4 years in MS program, plus you need to enroll into MS Thesis defense credit hours to defend your MS Thesis. Your F1 status is valid as long as you hold valid I-20 along with valid visa stamped in passport.

      Source : I completed MS Thesis in US & currently waiting on GC thru marriage.
      I did apply concurrently and I have received the receipt for I-485. My case is rather non-traditional MS because I downgraded from my PhD. So I have only the requirement from my own professor and nothing else. I only extended it because he needed some additional data. I was supposed to graduate last semester. My visa which was renewed over a year ago was renewed for 5 years since I was still on a PhD track then. Therefore, I have a valid visa but will not have a valid I20.
      Thanks for your response!

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X