Mountain View, CA asked in Immigration Law for California

Q: Married to a green card spouse, filed i130 and i485 concurrently, do I need to maintain F1 visa to stay in status?

I am on F1 visa married to a Green Card holder. We concurrently filed i130 and i485 in Jan 2023, when priorty date was current. Biometrics also done. My F1 visa will expire next month (in June 2023). I have two questions :

1. I know for spouse of US Citizen overstay can be forgiven but I am spouse of GC holder. To stay in US do I need to maintain my F1 student visa?

2. Priority date was current at the time of filing however it has now changed to Sept 2020. Would this impact me? If so, how?

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1 Lawyer Answer
Gunda Yohanna Brost
Gunda Yohanna Brost
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: You need to remain in legal status at all times until the visa is current

1 user found this answer helpful

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