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Oh help... :(

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  • Oh help... :(

    I just recently married my fiance who came here in 2004 with a visitor's visa and then stayed as a student with an F-1 visa. We were filling out applications for college here, and last night I started filling out the I-130 petition for an alien relative and we realized his F-1 expired in July, not September like we and his laywer thought!!

    So now...I don't know what to do. Doesn't it take months for I-130s to be approved?? What if he gets deported? He certainly can't sign the lease for our new place now...and if he lives with me without having a valid application on file (with proof of legal status) I will be breaking our lease!

    Please, someone advise. His lawyer has been incredibly unhelpful.

  • #2
    I just recently married my fiance who came here in 2004 with a visitor's visa and then stayed as a student with an F-1 visa. We were filling out applications for college here, and last night I started filling out the I-130 petition for an alien relative and we realized his F-1 expired in July, not September like we and his laywer thought!!

    So now...I don't know what to do. Doesn't it take months for I-130s to be approved?? What if he gets deported? He certainly can't sign the lease for our new place now...and if he lives with me without having a valid application on file (with proof of legal status) I will be breaking our lease!

    Please, someone advise. His lawyer has been incredibly unhelpful.

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    • #3
      If you have legal representation you can ask all these questions to the lawyer, get the most out of your dollar sort of speaking.

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      • #4
        First of all get rid of that lawyer and hire another immigration attorney at law.

        Secondly, he still has 60 days 'grace period' after his F-1 visa expiration, so he is not out of status yet. Therefore he may change his status before the end of grace period.

        So just file all the necessary forms and don't freak out.

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