F2 visa expired in Jan but husband in valid status.

[usf1opt]

Hi guys,

My F2 visa expired on Jan 31st 2013. My husband is working Full Time on STEM OPT and has valid F1 visa. I had consulted a lot of lawyers who told me that as long as your husband is in status, you are in status even if your F2 visa expires. Just want to confirm if this is correct and I am still in valid status.

My husband will get H1B visa & I will get H4 this year. We both are planning to go for H1 & H4 interview together in Dec. Will I be questioned by the officer that, Why I stayed in the US even if my F2 visa was expired? What should I reply to such question?

Thanks,

Nikita.

[omshiv]

you need better attorney..whats your I-94 expiry date?

[pontevecchio]

The F1 and F2 I94 is usually ANNOTATED / DS and that means until he is in status. Visa expiry has no connection to valid stay.

[stonecold_1981]

The lawyers are correct. If I'm not mistaken, the expiry date on I-94 would be "D/S" (Duration of Stay) (for both you and your husband). The exact date is dependent on the F-1 holder's I-20 (typically, you have 60 days after the end of the date on I-20). In other words, as long as your husband is in valid F-1 status, you are good.

Visa has nothing to do with your current status. Visa is only needed to enter the country. Once you are in, your status is determined by your I-94. In other words, even if you don't have a valid visa, so long as you are within status based on your I-94 you are good.

[usf1opt]

I really appreciate your replies. And yes, both of our I-94 has "D/S" written by the immigration officer on port of entry.

So that means I am in valid status and even if I go for H4 interview in Dec, I can show Visa Officer, proof of my valid stay by showing I-94(which they will already know).

In short, there should not be any problem for my H4 interview, am I correct?

Thanks,

Nikita

[pontevecchio]

In brief, Yes.