F-1 (I-20): how long can I stay?
#1
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Joined: Mar 2009
Posts: 40
F-1 (I-20): how long can I stay?
Hi everyone!
My girlfriend and I are facing a bit of a dilemma at the moment. I finished grad school in December 08 and my I-20 specifies I should complete my studies by Dec 18th 2008, which I obviously did. Now I know you're allowed to stay in the country for up to 60 days after that date but I was wondering if there are any exceptions to this.
We actually had a baby girl 3 weeks ago hence why I'm already over that limit (I'm still in the US). We've been engaged for several months but are only just submitting the I-129 for the K-1 visa now. Long story short, we had a lot of complications with money, work and school commitments and my girlfriend didn't want to add any more stress to that during her pregnancy.
So in short:
* Currently have F-1 visa valid until May 2012
* I-20 states: ..."...report to the school no later than 06/25/2007 and complete studies no later than 12/18/08. The normal length of study is 24 months"
*Previous I-20 had end date of 05/31/2009 but ammended by school when I visited England in August '08 in line with my progress on the course
Clearly I really want to be able to stay as long as possible for my fiance and child, especially in these early months, so is there any option at all for me to remain here until I get closer to the interview in London for the K-1?
Many many thanks in advance
My girlfriend and I are facing a bit of a dilemma at the moment. I finished grad school in December 08 and my I-20 specifies I should complete my studies by Dec 18th 2008, which I obviously did. Now I know you're allowed to stay in the country for up to 60 days after that date but I was wondering if there are any exceptions to this.
We actually had a baby girl 3 weeks ago hence why I'm already over that limit (I'm still in the US). We've been engaged for several months but are only just submitting the I-129 for the K-1 visa now. Long story short, we had a lot of complications with money, work and school commitments and my girlfriend didn't want to add any more stress to that during her pregnancy.
So in short:
* Currently have F-1 visa valid until May 2012
* I-20 states: ..."...report to the school no later than 06/25/2007 and complete studies no later than 12/18/08. The normal length of study is 24 months"
*Previous I-20 had end date of 05/31/2009 but ammended by school when I visited England in August '08 in line with my progress on the course
Clearly I really want to be able to stay as long as possible for my fiance and child, especially in these early months, so is there any option at all for me to remain here until I get closer to the interview in London for the K-1?
Many many thanks in advance
#3
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Joined: Sep 2002
Posts: 16,266
Re: F-1 (I-20): how long can I stay?
Hi everyone!
My girlfriend and I are facing a bit of a dilemma at the moment. I finished grad school in December 08 and my I-20 specifies I should complete my studies by Dec 18th 2008, which I obviously did. Now I know you're allowed to stay in the country for up to 60 days after that date but I was wondering if there are any exceptions to this.
We actually had a baby girl 3 weeks ago hence why I'm already over that limit (I'm still in the US). We've been engaged for several months but are only just submitting the I-129 for the K-1 visa now. Long story short, we had a lot of complications with money, work and school commitments and my girlfriend didn't want to add any more stress to that during her pregnancy.
So in short:
* Currently have F-1 visa valid until May 2012
* I-20 states: ..."...report to the school no later than 06/25/2007 and complete studies no later than 12/18/08. The normal length of study is 24 months"
*Previous I-20 had end date of 05/31/2009 but ammended by school when I visited England in August '08 in line with my progress on the course
Clearly I really want to be able to stay as long as possible for my fiance and child, especially in these early months, so is there any option at all for me to remain here until I get closer to the interview in London for the K-1?
Many many thanks in advance
My girlfriend and I are facing a bit of a dilemma at the moment. I finished grad school in December 08 and my I-20 specifies I should complete my studies by Dec 18th 2008, which I obviously did. Now I know you're allowed to stay in the country for up to 60 days after that date but I was wondering if there are any exceptions to this.
We actually had a baby girl 3 weeks ago hence why I'm already over that limit (I'm still in the US). We've been engaged for several months but are only just submitting the I-129 for the K-1 visa now. Long story short, we had a lot of complications with money, work and school commitments and my girlfriend didn't want to add any more stress to that during her pregnancy.
So in short:
* Currently have F-1 visa valid until May 2012
* I-20 states: ..."...report to the school no later than 06/25/2007 and complete studies no later than 12/18/08. The normal length of study is 24 months"
*Previous I-20 had end date of 05/31/2009 but ammended by school when I visited England in August '08 in line with my progress on the course
Clearly I really want to be able to stay as long as possible for my fiance and child, especially in these early months, so is there any option at all for me to remain here until I get closer to the interview in London for the K-1?
Many many thanks in advance
I too am wondering why you are chosing to pursue the K-1. What is preventing you from marrying now, file an I-130/485/131 -- you will then be able to take the trip abroad on an advance parole.
#4
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Joined: Mar 2009
Posts: 40
Re: F-1 (I-20): how long can I stay?
I was under the impression that AOS would be pretty risky judging by a few of the posts I read in the marriage forum. I'll look into it some more tomorrow, in the meantime does anyone have a basic rundown of how this would work?
Thanks again,
Joe
Thanks again,
Joe
#6
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Location: Kentucky
Posts: 38,865
Re: F-1 (I-20): how long can I stay?
Ian
#7
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Joined: Sep 2002
Posts: 16,266
Re: F-1 (I-20): how long can I stay?
????. What post? Curious minds would like to know. I've been here for some years and I don't recall ANY such post. In fact, yours is one of the classic instances for which AOS was intended.
#8
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Joined: Mar 2009
Posts: 40
Re: F-1 (I-20): how long can I stay?
I'm really sorry for asking what will probably sound like silly questions but I haven't looked into AOS at all, just F-1, K-1 and H1-B over the years.
Essentially I should just go ahead and marry her now then, even though I'm out of status? We were always planning on having a quick marriage then a proper ceremony down the line once we're settled and financially sound so going to a registry office soon wouldn't be a problem.
I guess I'm just concerned about being out of status on my F-1 and how that could affect proceedings. As my fiance is a USC can we simply get married here in Cleveland and then file the I-130 Petition for Alien Relative? Will questions not be asked about my I-20 being out of status? How exactly will I be able to stay here legally, and for how long can I stay?
Thanks again
Essentially I should just go ahead and marry her now then, even though I'm out of status? We were always planning on having a quick marriage then a proper ceremony down the line once we're settled and financially sound so going to a registry office soon wouldn't be a problem.
I guess I'm just concerned about being out of status on my F-1 and how that could affect proceedings. As my fiance is a USC can we simply get married here in Cleveland and then file the I-130 Petition for Alien Relative? Will questions not be asked about my I-20 being out of status? How exactly will I be able to stay here legally, and for how long can I stay?
Thanks again
#9
Re: F-1 (I-20): how long can I stay?
I'm really sorry for asking what will probably sound like silly questions but I haven't looked into AOS at all, just F-1, K-1 and H1-B over the years.
Essentially I should just go ahead and marry her now then, even though I'm out of status? We were always planning on having a quick marriage then a proper ceremony down the line once we're settled and financially sound so going to a registry office soon wouldn't be a problem.
I guess I'm just concerned about being out of status on my F-1 and how that could affect proceedings. As my fiance is a USC can we simply get married here in Cleveland and then file the I-130 Petition for Alien Relative? Will questions not be asked about my I-20 being out of status? How exactly will I be able to stay here legally, and for how long can I stay?
Thanks again
Essentially I should just go ahead and marry her now then, even though I'm out of status? We were always planning on having a quick marriage then a proper ceremony down the line once we're settled and financially sound so going to a registry office soon wouldn't be a problem.
I guess I'm just concerned about being out of status on my F-1 and how that could affect proceedings. As my fiance is a USC can we simply get married here in Cleveland and then file the I-130 Petition for Alien Relative? Will questions not be asked about my I-20 being out of status? How exactly will I be able to stay here legally, and for how long can I stay?
Thanks again
If you petition + apply for AOS concurrently, you do not have to leave the country while your case is processing.
You can apply for an EAD (work permit) so you can work while waiting for your green card case to complete (aka AOS).
You can stay forever. That is the point.
http://www.uscis.gov/files/article/A1eng.pdf
#10
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Joined: Sep 2002
Posts: 16,266
Re: F-1 (I-20): how long can I stay?
I'm really sorry for asking what will probably sound like silly questions but I haven't looked into AOS at all, just F-1, K-1 and H1-B over the years.
Essentially I should just go ahead and marry her now then, even though I'm out of status? We were always planning on having a quick marriage then a proper ceremony down the line once we're settled and financially sound so going to a registry office soon wouldn't be a problem.
I guess I'm just concerned about being out of status on my F-1 and how that could affect proceedings. As my fiance is a USC can we simply get married here in Cleveland and then file the I-130 Petition for Alien Relative? Will questions not be asked about my I-20 being out of status? How exactly will I be able to stay here legally, and for how long can I stay?
Thanks again
Essentially I should just go ahead and marry her now then, even though I'm out of status? We were always planning on having a quick marriage then a proper ceremony down the line once we're settled and financially sound so going to a registry office soon wouldn't be a problem.
I guess I'm just concerned about being out of status on my F-1 and how that could affect proceedings. As my fiance is a USC can we simply get married here in Cleveland and then file the I-130 Petition for Alien Relative? Will questions not be asked about my I-20 being out of status? How exactly will I be able to stay here legally, and for how long can I stay?
Thanks again
Your concern used to be a legitimate one. However, the law was amended in 1960 [this is not a typo -- 19-SIXTY] to eliminate that concern for situations like your.
BTW, just do the combined 1-130/485/765/131 via the Chigago lockbox -- use the ADJUSTMENT address.
#11
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: F-1 (I-20): how long can I stay?
I guess I'm just concerned about being out of status on my F-1 and how that could affect proceedings.
As my fiance is a USC can we simply get married here in Cleveland and then file the I-130 Petition for Alien Relative?
Will questions not be asked about my I-20 being out of status?
How exactly will I be able to stay here legally, and for how long can I stay?
As Meauxna said, yours is a situation that is tailor-made for a successful adjustment of status. Do it... don't be afraid.
Ian
#12
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Thread Starter
Joined: Mar 2009
Posts: 40
Re: F-1 (I-20): how long can I stay?
Thanks ever so much for all the advice so far, it's a huge help. However I still can't help thinking I am missing something though - the AOS just seems a little too easy.
Additionally, on page 2 of the I-485 instructions it specifically states you are ineligible to apply if "D. Your authorized stay expired before you filed this application".
Any thoughts?
Additionally, on page 2 of the I-485 instructions it specifically states you are ineligible to apply if "D. Your authorized stay expired before you filed this application".
Any thoughts?
#13
Re: F-1 (I-20): how long can I stay?
Thanks ever so much for all the advice so far, it's a huge help. However I still can't help thinking I am missing something though - the AOS just seems a little too easy.
Additionally, on page 2 of the I-485 instructions it specifically states you are ineligible to apply if "D. Your authorized stay expired before you filed this application".
Any thoughts?
Additionally, on page 2 of the I-485 instructions it specifically states you are ineligible to apply if "D. Your authorized stay expired before you filed this application".
Any thoughts?
Rene
#14
Re: F-1 (I-20): how long can I stay?
Thanks ever so much for all the advice so far, it's a huge help. However I still can't help thinking I am missing something though - the AOS just seems a little too easy.
Additionally, on page 2 of the I-485 instructions it specifically states you are ineligible to apply if "D. Your authorized stay expired before you filed this application".
Any thoughts?
Additionally, on page 2 of the I-485 instructions it specifically states you are ineligible to apply if "D. Your authorized stay expired before you filed this application".
Any thoughts?
I believe if your passport is stamped with D/S, then you are not out of status.
As others said, get married and file all the proper documents at one time to the correct address.
#15
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Joined: Mar 2009
Posts: 40
Re: F-1 (I-20): how long can I stay?
D/S refers to the completion date on my I-20 - Dec 18th 2008. My passport is stamped with this but I don't know why that would mean I am still in status.
Anyway, thanks for all the great advice people! I will keep you updated on how things go if anyone is interested
Anyway, thanks for all the great advice people! I will keep you updated on how things go if anyone is interested