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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default Can a F1 on Opt Getting Married to U.S. Citizen Remain in the U.S. when Filing I-485

    Holding:
    Expired F1 visa
    Valid EAD (expires Oct. 09)
    Valid I-20 (expires Oct. 09)

    Situation:
    Planing to get married to an American citizen.

    Questions:

    1. Is filing i-485 together with i-130 the correct way to go?
    2. While the above apps are pending, can F1 remain in the U.S.?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a F1 on Opt Getting Married to U.S. Citizen Remain in the U.S. when Filing I-

    1. It's a common approach.

    2. Yes, but the standard overstay rules apply - when her visa expires she starts accruing unlawful presence that can trigger a period of ineligibility to return if she leaves while the AOS remains pending.

  3. #3
    Join Date
    Aug 2009
    Posts
    2

    Default Re: Can a F1 on Opt Getting Married to U.S. Citizen Remain in the U.S. when Filing I-

    My question is whether the F1 will be able to stay, not rather she'd be able to return if she left. If the F1 doesn't leave the country, and she files I-765 at the same time, it's okay to stay and work, right? That wouldn't be considered unlawful presence if all the required paperwork is filed and she doesn't leave the U.S. while AOS is pending, would it?

    Also, doesn't the approval of I-131 Travel Document override a pending AOS?

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