k0mplex

I am a U.S. citizen engaged to an Australian woman who is living in the U.S. on an F1 student visa. Our plan is to get married in August and then file an adjustment of status to permanent resident for her.

My understanding is that she cannot leave the country until her status is adjusted (or advanced parole is granted). We have not started any paperwork yet for her AOS or AP.

However, a family issue has come up and she really needs to visit her parents overseas next week. The sooner she can leave the better. Is there any way she can go without compromising her application? What is the risk that she wouldn't be able to re-enter the country?

Thank you for any advice.

But, she is currently here on an F1? Probably the best thing is for her to talk to the international office at her school - if they can't advise, they will certainly have access to lawyers.

They can advise until the cows come home but they don't deal with family visas at her school.

An F1 visa is not a family visa. She is already in the US currently. That is why I suggested she talk to her international adviser at her school. Although it is not completely apparent from the original post, it sounds to me like she didn't enter the US in F1 status to marry, but to go to school.

If she leaves now and plans remain the same, she will be entering with intent to use a student visa to marry and adjust status based on that marriage. As such, the AOS route will not be applicable, IMO. They'll need to go the immigrant visa route to remain legal. Of course she can stay within the terms of her I-94 and perhaps only return briefly to Australia for a visa interview. Perhaps, the difference is only a minor inconvenience. Exept for the travel expense, it's actually less expensive to do it that way. An immigrant visa fee is less expensive than AOS.

This is where I am not sure. My assumption is that she will be continuing her studies (Original poster? Is this so?). Does that, therefore, supercede returning to the US where there is a wedding in the future?

On the other hand, if she has finished her studies and wishes merely to return to wed and adjust status, then they should be planning on a family-based visa.

Unfortunately, it's too late for me to inquire at our international studies office today; the immigration lawyers with whom we work handle school-, employment- and family-based immigration; that is why I suggested she talk to her international studies office.

She will be continuing her studies after the wedding, so AOS is the appropriate pathway. Also, we do not want to have to separate while this is in process, which eliminates the immigrant visa option for us.

If she leaves before you marry, her next entry will include the intent to continue her studies but her current visa doesn't allow immigration. You clearly have a wedding planned and have stated the intent for her to immigrate based on the marriage. This intent will be present on her next entry. As such, whether you like it or not, your plans aren't legal, IMO. The spouse visa path will need to be pursued. I never suggested you separate for any longer than a matter of a couple weeks to go back, get a medical and visa interview then return. There's no reason for her not to continue her studies and she may remain here as long as her I-94 allows.

You might be able to get away with adjusting status but if the adjudicating officer puts two and two together, you are risking the consequences of visa fraud for attempting to circumvent US Immigration law.

How is the spouse visa path different than the AOS path? Are there significant differences or are they minor? I'm not sure I understand what the spouse visa path entails. Thanks for your continued help.

I am a U.S. citizen engaged to an Australian woman who is living in the U.S. on an F1 student visa. Our plan is to get married in August and then file an adjustment of status to permanent resident for her.

My understanding is that she cannot leave the country until her status is adjusted (or advanced parole is granted). We have not started any paperwork yet for her AOS or AP.

However, a family issue has come up and she really needs to visit her parents overseas next week. The sooner she can leave the better. Is there any way she can go without compromising her application? What is the risk that she wouldn't be able to re-enter the country?

Thank you for any advice.

But, she is currently here on an F1? Probably the best thing is for her to talk to the international office at her school - if they can't advise, they will certainly have access to lawyers.

They can advise until the cows come home but they don't deal with family visas at her school.

An F1 visa is not a family visa. She is already in the US currently. That is why I suggested she talk to her international adviser at her school. Although it is not completely apparent from the original post, it sounds to me like she didn't enter the US in F1 status to marry, but to go to school.

If she leaves now and plans remain the same, she will be entering with intent to use a student visa to marry and adjust status based on that marriage. As such, the AOS route will not be applicable, IMO. They'll need to go the immigrant visa route to remain legal. Of course she can stay within the terms of her I-94 and perhaps only return briefly to Australia for a visa interview. Perhaps, the difference is only a minor inconvenience. Exept for the travel expense, it's actually less expensive to do it that way. An immigrant visa fee is less expensive than AOS.

This is where I am not sure. My assumption is that she will be continuing her studies (Original poster? Is this so?). Does that, therefore, supercede returning to the US where there is a wedding in the future?

On the other hand, if she has finished her studies and wishes merely to return to wed and adjust status, then they should be planning on a family-based visa.

Unfortunately, it's too late for me to inquire at our international studies office today; the immigration lawyers with whom we work handle school-, employment- and family-based immigration; that is why I suggested she talk to her international studies office.

She will be continuing her studies after the wedding, so AOS is the appropriate pathway. Also, we do not want to have to separate while this is in process, which eliminates the immigrant visa option for us.

I am a U.S. citizen engaged to an Australian woman who is living in the U.S. on an F1 student visa.  Our plan is to get married in August and then file an adjustment of status to permanent resident for her.My understanding is that she cannot leave the country until her status is adjusted (or advanced parole is granted).   We have not started any paperwork yet for her AOS or AP.However, a family issue has come up and she really needs to visit her parents overseas next week.  The sooner she can leave the better.  Is there any way she can go without compromising her application?  What is the risk that she wouldn't be able to re-enter the country? Thank you for any advice.

But, she is currently here on an F1?  Probably the best thing is for her to talk to the international office at her school - if they can't advise, they will certainly have access to lawyers.

They can advise until the cows come home but they don't deal with family visas at her school.  If she leaves now and plans remain the same, she will be entering with intent to use a student visa to marry and adjust status based on that marriage.  As such, the AOS route will not be applicable, IMO.  They'll need to go the immigrant visa route to remain legal.  Of course she can stay within the terms of her I-94 and perhaps only return briefly to Australia for a visa interview.  Perhaps, the difference is only a minor inconvenience.  Exept for the travel expense, it's actually less expensive to do it that way.  An immigrant visa fee is less expensive than AOS.

You can only file for an expedite of AP if you're married so no, it doesn't matter that it's an emergency, sorry.

Nobody can tell you what they will say when you go to adjust status but I would imagine it would be pretty difficult to prove there was no intent.

Hope it all works out for you.

I hear ya. And if we don't try to prove there was no intent, but just tell them honestly about the trip when we file her papers, what would happen? Denial of application? Revoked visa? Or is it possible they won't mind?

A sticky wicket at best....  Upon her last entry she did not have the intent to immigrate via a non-immigrant visa...  upon her next one, she will be hard pressed to maintain that....

I am a U.S. citizen engaged to an Australian woman who is living in the U.S. on an F1 student visa.  Our plan is to get married in August and then file an adjustment of status to permanent resident for her.

My understanding is that she cannot leave the country until her status is adjusted (or advanced parole is granted).   We have not started any paperwork yet for her AOS or AP.

However, a family issue has come up and she really needs to visit her parents overseas next week.  The sooner she can leave the better.  Is there any way she can go without compromising her application?  What is the risk that she wouldn't be able to re-enter the country?

Thank you for any advice.

Thanks for the advice all. I spoke to border control in USVI and they send I shouldn't have a problem.

Famous last words: "it shouldn't be a problem."

So true. But I spoke to four different agents independently and got the same answer.

Thanks for the advice all. I spoke to border control in USVI and they send I shouldn't have a problem.

Here's another question for you though: do you have to file your adjustment of status in the same place you get married?

Let's take a simple case: If we got married in California but plan to live in New York, can we file everything in NY?

Yes, and it is best not to change address during the AOS process.

Is that a yes to the first or second question I asked?

Thanks for the advice all. I spoke to border control in USVI and they send I shouldn't have a problem.

Here's another question for you though: do you have to file your adjustment of status in the same place you get married?

Let's take a simple case: If we got married in California but plan to live in New York, can we file everything in NY?

Anyone else have any experience traveling to USVI for wedding or honeymoon with a fiancee on a student visa?

My fiancee is in the U.S. on an F1 student visa which means she has to remain in the country from now until the time her visa is adjusted to permanent resident.

We can't leave the U.S. for a wedding - but, I wonder - can we get married in the US Virgin Islands?

I understand that there is no immigration on the way in, but there is on the way out. As long as we remain in US territory the whole time, will there be any problem returning to the mainland? Or will it (as I hope) be considered the same as if we got married on the U.S. mainland?

I'll call the Dept of Interior tomorrow, but would love your thoughts/experiences in the meantime.

Thanks!!!

OK thanks everyone for your help! One more question:

Could we get married in the U.S. Virgin Islands? Is it still technically the U.S. in terms of immigration? Could she travel there on a student visa and return on her student visa after we're married? Is it as if we never left the U.S.?

Thank you!

thanks pushbrk... so to be clear, you are saying that since intent has been established, she cannot leave the u.s. until after we are married and the adjustment has been made? which, by implication, means that:

1. we can't get married outside the u.s. (assuming we want to come right back to the u.s. after the wedding)

2. she can't leave the country and return (e.g., on short business trips) until after her status has been adjusted.. she's essentially grounded in the U.S. until her status is adjusted

correct?

thank you!

What kind of "business" trip can a F-1 visa holder possibly have?

summer internships - she is a graduate student and her work is in an international field....

thanks pushbrk... so to be clear, you are saying that since intent has been established, she cannot leave the u.s. until after we are married and the adjustment has been made? which, by implication, means that:

1. we can't get married outside the u.s. (assuming we want to come right back to the u.s. after the wedding)

2. she can't leave the country and return (e.g., on short business trips) until after her status has been adjusted.. she's essentially grounded in the U.S. until her status is adjusted

correct?

thank you!

Thanks in advance for the advice everyone. Here's my situation:

1. I'm a U.S. citizen

2. I'm engaged to an Australian woman who is living in the U.S. on a student visa which expires in 1.5 years

3. We'd like to get married in the next few months

4. We'd like her to become a permanent resident so we can live in the U.S. going forward

Questions:

1. Given our plans to get married, can she travel outside the U.S. and return on her student visa between now and the time we are married? I have heard that since she may get asked, when returning into the U.S. through immigration, whether she plans to get married, and that if she says "yes" they won't let her in on her student visa, but if she says "no" then she has lied and that could create its own problems. Is this the case?

2. Related to the first question, could we get married outside the U.S. and then return with her on her student visa? What if we didn't mention that we were married? Then, shortly after we return, begin the paperwork to get her residency? My guess on this one is no, but please confirm.

3. Let's say we don't travel at all between now and the wedding and we get married in the U.S in a couple months. How long will it take for her to get her residency? Is it true that she can't travel at all between the time of our marriage and when she gets her residency? How long is this period typically and how much time/money does it take to get her residency?

THANK YOU SO MUCH FOR THE HELP.