Hi,
My fiancé is visiting her parents who are US Citizens and she is not.
She is planning to pursue postgraduate studies in the US for which she has already applied to the Universities.
She was given a single entry visa which was her first time visit to US.
Now she is confused as should she stay back till she gets a confirmation from any of the Universities or should she come back and apply for a fresh F1 visa on the basis of University admissions. U know getting a visa is quite a difficult ant lengthy process.
If she stays back till the expiry of this single entry visa ... would her subsequent F1 visa have problems ?
Can she stay back and file for conversion to F1 visa from the US ?
Can she file for citizenship if she stays back?
Conversion from
madikhan
06 January 2014 07:40:59
1
ECS
06 January 2014 10:18:36
1539
I would advise against staying past visa expiration on all accounts! It may jeopardize her future visa if she has that black mark on her record.
stressedmom
06 January 2014 12:53:13
661
Definitely don't stay past visa or she risks being deported and not being allowed back in.
How are her parents citizens and she is not???? If they were citizens when she was born then she is automatically a citizen or did they recently become citizens.
usmc_mv
06 January 2014 15:02:32
1049
An F-1 is a nonimmigrant visa.
If she is in the US on an F-1 right now she has an I-20. An I-20 is technically her visa. The I-20 expires 30 days after the date of validity on the I-20. During that 30 day period she either has to find a new school that issues/renews her current I-20 or leave the country. If she overstays without a new I-20 she will violating immigration law and be in the country illegally.
That said, you should have started looking BEFORE the expiration of the I-20. It is unlikely she will find a school in time and complete the process in time to get an I-20.
Also, even is she gets an extended I-20, if her visa is expired and she leave the country she will need to apply for a new visa before she can re-enter.
My advice - leave now before the 30 days is up or face major issues during the next visa interview. Remember the entry stamp from her country in conjunction with the date on the I-20 will tell USCIS/ICE you have overstayed during a new visa application.
It is not worth it.
You can not change from F-1 to an immigrant visa unless you marry but there is a waiting period of you do that. Don't try it. It looks very bad.
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