Help! F-1 Student Visa renewal

[Bedoskie 0]

Hi all,

I and My fiancee need help with these: First off, She's currently in the US. She got into the US in 2003 with an F-1 student visa to study. This very visa expired sometime in 2005. Just before the expiration she came back home, and got on an L-2 visa, on the advice of her dad. This gave her serious issues when she got back to the US, cos she was seen as being on two status (F-1 and L-2). Anyway, in 2008 she was successfully reinstated back to her student Status. She graduated this year in MAY, has got her OPT, and has got a job employment. The issue right here is:

She needs to renew her F-1 visa since it has been expired in 2005. And to do that, she must come back home. Now, can she travel with such Visa condition? And if she can, what documents, papers or steps can she take to enable her renew her expired visa? Will the US consular issue her a renewal, considering how long it's been since her student visa expired? We're kinda nervous, cos i wouldnt want her to come here and not be able to go back. Every workable suggestions, ideas, experiences and opinions are welcomed. Thank you!

[Bobby+Umit 161]

Hi all,

I and My fiancee need help with these: First off, She's currently in the US. She got into the US in 2003 with an F-1 student visa to study. This very visa expired sometime in 2005. Just before the expiration she came back home, and got on an L-2 visa, on the advice of her dad. This gave her serious issues when she got back to the US, cos she was seen as being on two status (F-1 and L-2). Anyway, in 2008 she was successfully reinstated back to her student Status. She graduated this year in MAY, has got her OPT, and has got a job employment. The issue right here is:

She needs to renew her F-1 visa since it has been expired in 2005. And to do that, she must come back home. Now, can she travel with such Visa condition? And if she can, what documents, papers or steps can she take to enable her renew her expired visa? Will the US consular issue her a renewal, considering how long it's been since her student visa expired? We're kinda nervous, cos i wouldnt want her to come here and not be able to go back. Every workable suggestions, ideas, experiences and opinions are welcomed. Thank you!

Is the L-1 visa that she got the L-2 from still valid? It seems to me that is her primary visa now, not the student visa.

It's 50/50 if they would renew the student visa, as she has shown she cannot abide by the rules (staying in status of the original F-1).

If she is here legally, you should marry her now, AOS, get the GC, then she is free to travel, go to school, and not worry about anything.

[JERIII 8]

Hi all,

I and My fiancee need help with these: First off, She's currently in the US. She got into the US in 2003 with an F-1 student visa to study. This very visa expired sometime in 2005. Just before the expiration she came back home, and got on an L-2 visa, on the advice of her dad. This gave her serious issues when she got back to the US, cos she was seen as being on two status (F-1 and L-2). Anyway, in 2008 she was successfully reinstated back to her student Status. She graduated this year in MAY, has got her OPT, and has got a job employment. The issue right here is:

She needs to renew her F-1 visa since it has been expired in 2005. And to do that, she must come back home. Now, can she travel with such Visa condition? And if she can, what documents, papers or steps can she take to enable her renew her expired visa? Will the US consular issue her a renewal, considering how long it's been since her student visa expired? We're kinda nervous, cos i wouldnt want her to come here and not be able to go back. Every workable suggestions, ideas, experiences and opinions are welcomed. Thank you!

If I understand the situation, your fiance is in legal F-1 status ("in 2008 she was successfully reinstated back to her student Status"), has finished school and is currently on post-graduate OPT (which is based on the F-1). She must be in legal F-1 status, or she has no basis for OPT, unless there is something I don't know, which there certainly could be. (Since she is on OPT, I doubt that she is considered to be in L-2 status.)

You say "She needs to renew her F-1 visa since it has been expired in 2005" Why does she need to renew it? Is she going to be a student again? And indeed, HOW can she renew it? She has finished her studies and is on post-graduate OPT, she should NOT go back home. She will not get another F-1 visa in that situation. She isn't eligible for one. (Unless she is going back to school in another program.) The OPT card will NOT get her back into the US.

I think you are asking how she can go home and come back before you are married. I don't think she can. If she wants to stay here past the end of her OPT, I don't think she can. Unless she can somehow switch back to the L2 status. That I know nothing about.

If you want to stay together, Bobby has a good idea - get married and AOS. If you aren't ready, if she goes back home, I suspect you will need to go through the K-1 fiance process or some other immigration process.

[rika60607 215]

Take it from someone who had been on OPT:

in principle, she could go back home and get a new F-1 IF she has a job applicable to her OPT AND she got this job within 3 months since her OPT had been issued AND consular officer does not get a wind of her having a boyfriend in the US.

It can be done, but it is certainly, a risk.

Your GF may want to contact US embassy in her country and ask what they would want from her in order to issue an F-1 and if they normally issue F-1s for people in OPT status. A lot depends on whether this specific embassy is used to dealing with this kind of situation.

Good luck,

R