If my F-1 expires while waiting for adjustment of status (got married!), do I have to leave until it's approved?

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I am an F-1 student whose I-94 expires in May (graduating with my master's). I married a US citizen in December 2013 and have since filed for adjustment. It looks like processing could take up to 10 months. Once my I-94 expires, do I have to leave the country until it's approved? I'm confused because there's the "can't leave, but not allowed to stay" idea, but at the same time, I filed for adjustment of status within the US and it's a slightly different process from abroad, so I worry that I'd have to refile. Thank you!

Attorney Answers

3
Gunda Brost ·
No. While not in an actual status, you'd be in a period of authorized stay while you are awaiting the adjudication of the I-485. However, should it be denied, you need to either have a valid legal status to fall back on or promptly leave before you incur unlawful presence that could affect future immigration benefits. Work with an immigration attorney for best results.
0 upvotes
Karin WolmanImmigration AttorneyNew York, NY ·
If you leave the country, then your application for adjustment of status will be deemed abandoned. As noted by Ms. Brost, you should work with an attorney.
0 upvotes
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
No. I-485 when properly filed on the basis of a bona fide marriage to a USC and accompanied by a valid I-130 with all fees paid, renders your stay authorized by the AG until the end of the adjudication.
0 upvotes

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