QUESTION

im f-1 visa student

Asked on Nov 15th, 2011 on Immigration - Maine
More details to this question:
im f-1 visa student and my visa expire time is dec/7/2011 , my i-20 deadline left 8 months, my fiancee is citizenship. we are gonna married on this january, so is this ok that i don''t need to get new visa from my country? or we should get married before my visa expiration date. thank you
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1 ANSWER

Congratulations on your upcoming marriage. The expiration on your visa stamp does not affect your status/permission to remain in the U.S.  The visa stamp is only travel permission. If your program of study and F-1 status is good for another 8 months, you may be able to marry in January and file for permanent residency from within the U.S.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  You can find info on the green card process based on marriage to a U.S, citizen at:  http://www.familytousa.com/green-card-through-marriage-ad/ Every case is different and everyone's facts are unique.  In your case, issues of pursuing permanent residency while in F-1 status need to be addressed, as well as specific timing issues.  You may also have travel restrictions. I would recommend consulting with an experienced immigration attorney who can outline a case plan for you and provide guidance on all important issues. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    
Answered on Nov 16th, 2011 at 4:44 PM

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