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  1. #1

    Default Visa Expiring While Waiting for Decision

    Hello all,

    I came to the US with an F1 visa back in Aug 2010. I got married in Aug 2013 to a US citizen. I am in the process of applying for a green card. However, after going over the processing time of I-485 and I-130, it seems like it might take around a year or even more to get a decision. Since my F1 visa expires in July 2014, so I was wondering what should be the best alternative. Since I know I am not allowed to leave the US once I have filed I-485, will it be better to get an extension on my F1 visa? But, since F1 is a non-immigrant visa, it will be immediately rejected.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Visa Expiring While Waiting for Decision

    Quote Quoting nbanik1987
    View Post
    Hello all,

    I came to the US with an F1 visa back in Aug 2010. I got married in Aug 2013 to a US citizen. I am in the process of applying for a green card. However, after going over the processing time of I-485 and I-130, it seems like it might take around a year or even more to get a decision. Since my F1 visa expires in July 2014, so I was wondering what should be the best alternative. Since I know I am not allowed to leave the US once I have filed I-485, will it be better to get an extension on my F1 visa? But, since F1 is a non-immigrant visa, it will be immediately rejected.
    Once you file the paperwork to start the green card process you are legally allowed to remain in the US. Your F1 visa expiration date was a date for the marriage to happen. Had you not married by that date you would have had to leave the country.

  3. #3

    Default Re: Visa Expiring While Waiting for Decision

    Quote Quoting llworking
    View Post
    Once you file the paperwork to start the green card process you are legally allowed to remain in the US.
    Oh! really?! Wow! that takes off a whole lot of stress from my shoulder. Thanks

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Visa Expiring While Waiting for Decision

    Visa is used for entry at the border it does not affect your legal stay after entry.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Visa Expiring While Waiting for Decision

    Quote Quoting nbanik1987
    View Post
    Oh! really?! Wow! that takes off a whole lot of stress from my shoulder. Thanks
    Yes, really....LOL.

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