Leaving the US before AOS and Come back with F1

[elapaquette 0]

What if a person were to fly out after marriage?

My wife and I were married on 10/10/12 and I have been getting all the papers together for AOS, but I have not submitted the packet yet because I am understand that she cannot leave the U.S. once AOS has been submitted without Advanced Parole. She wants to go home for a couple of weeks in December. She is an F-1 student and her visa has expired, so when she goes home she would need to renew it to come back to school. I'm afraid that she would be breaking the contract of her visa if she renewed and then submitted Adjustment of Status shortly after. I'm worried I'm going to have to tell her she can not go back to China this winter break to visit her parents.

Any help?????

[didopage 337]

For how long has her visa been expired?

Using a non-immigrant visa to come back, and then file for AOS (which is an obvious immigrant intent) does not look good to me.

Adding to the fact that she is currently illegally in the US, I would not be so sure of her being granted a new F-1 with no trouble.

But I'm not an expert and I'm sure some more experienced members can put some light on it.

PS: Update your profile with your wife's country, it always helps to have "easily viewable" infos (and will attract members from China who may see your post through the China Portal).

Edited November 14, 2012 by didopage

[milimelo 4,498]

Sure she can leave, but both of you can expect close to a year until she can return with an immigrant visa.

They simply won't issue her another F1 visa especially given that she has to answer the question on DS-160 asking if she has relatives in the US (hint: you as her USC husband would have to be listed on the form).

Persuade your wife to stay put until she has either AP (IF she hasn't overstayed or been out of status) or a GC in hand and file for AOS as soon as possible.

[milimelo 4,498]

Moving to AOS from tourist, student, work visa.

[AnotherLostSoul 167]

Having the F1 visa expired does not mean she is here illegally. As long as her I-20 is valid, she is fine. She would just need to reapply for an F1 visa in order to enter back. And that's where the risk comes in. Like milimelo mentioned it when she would apply for a new F1 visa to be able to enter back the states the form would ask her if she has any US citizen relatives in the US. And she does. You as her husband. I would highly suggest her not to go home this December...file AOS, and once she gets her AP she can go wherever she wants...but until then stay in the US. Good luck!

[DandT14 272]

If she leaves then she needs an immigrant visa to come back. Those take awhile. Not worth it, in my opinion.

[virid 3]

Well I guess it depends. in my case, I got married in May and left US for honeymoon right after the wedding. I renewed my F1 visa in US consulate in Auckland, NZ. The IO didn't ask anything about my marriage even I put married on DS160 and indicated my spouse is USC. We got back to US in June via Seattle and I was not asked about marriage. But it was ture that I did not want to apply for green card back then because I want to bring my husband to NZ and start family there after our graduation. We decided to apply for green card for me after we got back because my husband got a very good job offer in US and my advisor thinks it is better for my career if I at least work here for a few years. If you already have the immigration intention but still apply for F1 that would be fraud.