If my F1 visa expires 1 day after my graduation and my American fiancé and I want to get married, what do we do?

UPDATED: Apr 12, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 12, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my F1 visa expires 1 day after my graduation and my American fiancé and I want to get married, what do we do?

Having my visa expiration in mind, we decided to get married before my graduation, so in a few weeks. Do we have to send out the forms and request for visa adjustment before my visa expires, or do I have a month after visa expiration? Am I OK to stay in the US if my visa expires but my permanent residence papers are in process? Can you explain us the steps that need to be taken after getting married? Is this situation where we are getting married right before my visa expiration potentially suspicious?

Asked on April 12, 2012 under Immigration Law, New York


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The visa expiration date is irrelevant anyway.  It's the I-94 expiration date that determines your authorized period of stay.  If you are a student, your I-94 probably denotes D/S in place of expiration date.  This means Duration of Status so there is no actual expiration date.  If you get married, as soon as you have the marriage certificate in hand, you can submit your petitions and application for the permanent residence on the basis of marriage. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption