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smaple8940

I'm 19 and I want to travel back to my original country and renewing my expired F1 visa

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Can I go back to my home country (Vietnam) to renew my expired f1 visa if I have a US citizen stepfather and a permanent resident mother in the US? My I-20 is still up to date (in fact I just updated it three days ago), and I'm still going to continue college after I come back from Vietnam.

Thank you in advance.

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To further add on to that, my mom was overstaying in the US when she first came, so I couldn't go back to my country to renew my visa back then for that reason; but now when she married a US citizen (they married last month), it cancels that problem, and so would I be able to go back to my country and renew my visa now?

PS: Sorry for double posting, I couldn't edit the first one.

Edited by smaple8940

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If you are planning to go to your country just to renew your F1 visa, it's not needed. Your legal status in US is defined by the date on your I-20 not by F1 visa.

If you are going to visit other family member or relatives, that's a different story and yes you need to apply for a F1 visa to come back. Getting a F1 visa is as difficult as the first time or even more difficult now since you now have your parents living in US.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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I would need to prove I won't be staying in the US after I finish my education, is that correct?

And you think the CO will believe you specially that now you have your parents in the US.

Is there a reason you want to travel to your country now?

Your stepfather can petition for you if he married your mom before you were 18. You can get Advance Parole in 2-3 months and can travel and freely come back if you have to travel. OR you can get GC in 4-6 months and can travel freely.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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And you think the CO will believe you specially that now you have your parents in the US.

Is there a reason you want to travel to your country now?

Your stepfather can petition for you if he married your mom before you were 18. You can get Advance Parole in 2-3 months and can travel and freely come back if you have to travel. OR you can get GC in 4-6 months and can travel freely.

Stepfather & OP's mother got married last month. OP is 19 years old. It does not sound like they got married before OP's 18th birthday.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Stepfather & OP's mother got married last month. OP is 19 years old. It does not sound like they got married before OP's 18th birthday.

Oh, didn't see that part. So no petition from the father. The mother can petition but will likely age out.

To OP: If you are worried about your expired F1 visa, you don't need to renew your F1 visa (not the exact renewal but will be applying for a new F1 visa) . You need F1 visa to enter US not to stay in the US while attending college. As long as your I-20 is updated and you are attending the college, you are in legal status. You need a new F1 visa only if you want to come back to US after travelling. At this point, the probability of denial is high.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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F2A has a wait of about 1.5 years. You'll have until a few months after you turn 21 due to CSPA because the petition takes a few months to process. But another issue is that your mom is not a permanent resident yet. If they married last month, and she is adjusting on that, it will take a few more months until she becomes a permanent resident. The time is close but might be doable.

Edited by newacct

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