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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.

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.

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Attorney answers 4

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

Asker

Posted

Yes we filed an adjustment of status for my Husband and he is already in the US with a visa that will expire in march. We got the letters from the USCIS saying that our paperwork is in process

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Ask your counsel of record familiar with your entire file.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

PS. Thank you for marking the answer helpful.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

PS. Thank you for marking the answer helpful.

Posted

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. This reply does not create an attorney/client relationship.

Asker

Posted

Yes, I am a US citizen. and yes that is the receipt that we got. three of them for the three different forms. his visa expired in march though.

Asker

Posted

also we applied for his temporary work approval. how long does that take usually? It says it is in initial review at the moment.

Barbara A Marcouiller

Barbara A Marcouiller

Posted

It's OK if his status expires at this point. Because he entered lawfully and is applying as the spouse of a citizen, it's OK. Work authorization is 90 days. Note that in Seattle he'll get the interview in about the same time. Still, it's good to apply for the work authorization in case there is any delay in the final approval of permanent residence, and you don't need to pay the filing fee if filed simultaneously with the adjustment.

Asker

Posted

Oh my goodness you are wonderful! thank you so much! Yes we filed everything. I keep checking the status too. We applied for his work authorization and we are just waiting at the moment though. It is hard because we need them to send it soon so he can work. His social security card says valid to work with DHS authorization only and therefore all the companies say they cant hire at the moment.

Barbara A Marcouiller

Barbara A Marcouiller

Posted

Be using this time now to gather evidence about the relationship to have ready to present at the interview. I don't know any of his prior history (don't share details on this public forum), so I don't know if you may have issues at the interview. You may want someone to review. The answer to your original question, though, is certain.

Asker

Posted

Yes we have lots of evidence that we have been together. We have been together for 5 years and have lots of pictures. what other evidence do you suggest? He does not have a bad history at all. for anything at all.

C. C. Abbott

C. C. Abbott

Posted

Attorney Marcouiller has provided A plus information and advice.

Posted

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.

Asker

Posted

I am a US citizen.

Akhilesh Krishna

Akhilesh Krishna

Posted

Have you sponsored him for a greencard? Since he is your immediate relative, he would be able to obtain an EAD while the greencard petition is being adjudicated and his status changes from a non-immigrant to an immigrant. These details would have to be discussed with an immigration attorney you decide to retain.

Asker

Posted

yes I put the I-30 application, and all the ones needed, I am sponsoring him too. I am a full time student and a full time worker.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Indeed.

Posted

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 legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.

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