Can my husband stay in the united states if his visa expires in march? He is on an F1 visa and his paperwork is processing.

Asked 6 months ago - Seattle, WA

He just finished school in December of 2013. we received 3 letters from the USCIS saying that all our paperwork is in processing.

Attorney answers (4)

  1. Barbara A Marcouiller

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . The three notices you received would have been the receipt notices. It sounds like you are a U.S. citizen, right? Then, yes, he can stay until there is a final decision on his case.

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

    4

    Lawyers agree

    Answered . It is unclear whether you filed for an adjustment of status for your foreign spouse. Please supply more details to the counsel of your choice.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Maria J. Marty

    Contributor Level 17

    4

    Lawyers agree

    Answered . If you sponsored him as an immediate relative and you are a USC, then yes, he can stay.

    Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide... more
  4. Akhilesh Krishna

    Contributor Level 12

    3

    Lawyers agree

    Answered . Please be more specific as to your visa status. Also, it will depend which degree program is he pursuing under F1, which would also determine his OPT eligibility. In order to provide you with an accurate answer, you would need a detailed consultation with an immigration attorney before coming to a conclusion.

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