F-1 Visa Questions

[Tru26 0]

Hello everyone,

I don't even know how or where to begin looking for answer so I came here to ask for everyone opinions. I am US citizen and have fell in love with my girlfriend who is an international student from Vietnam. We met each other in college back in December of 2007. two months after she arrived. But a year after meeting her, we had to part way because I had to move back home to Massachusetts to attend a different school. So we are now living in different states and still very much in love with each other but the long distance relationship is a burden. So we have talked it over and decided to get marry so we can move in and live together. But here is the situation, we have to go back to Vietnam first to visit her parents and ask for acceptance before any vows can be exchange as her family and culture are very strict in that matter. But the question we kind of need an answer to is, can she re-enter the US after going back to Vietnam with an "EXPIRED" F-1 Visa. Even though her Visa had expired, she is still currently enrolled and have been attending college. I have heard many not so good stories from other Vietnamese students on Valid F-1 Visa who have left to go back home to visit but were not allowed to re-enter. If anyone know of any avenue we can go down, please let us know. Many thanks in advance!

Sincrely Tru

[Cuchita 1]

She has to go back and reapply, but if she is here after her visa has expired then she might get in trouble. USCIS has rules, you have to follow them if you want to stay in this country for good. You might need legal advice.

I am thinking what you can do is go back to her country, get married over there and apply for CR-1, and you know that means been apart for a while. Which sucks! but most of us here has done the sacrifice.

Good luck!

[Cuchita 1]

I just found this chek it out:

http://www.visajourney.com/forums/index.ph...p;#entry3121426

[milimelo 4,477]

Since she is already going home she should get a new F-1 visa - she already has the I-20 from the school.

Did she go to the international student office to ask about this? They are there to assist in all matters - F-1 visa especially.

Edited July 16, 2009 by milimelo

[toddandhien 2]

If she gets a new F-1 and comes here with the intent to marry you, that would be an issue. I don't think she will be able to return to the US after leaving without getting either a CR-1 or K-1 visa if you plan to do everything legally. In addition, you should assess whether or not she is currently out of status with an expired F-1...that may pose additional problems.

[toddandhien 2]

Here is the info from the state dept. website:

How long may I stay on my F-1 student visa?

When you enter the United States on a student visa, you will usually be admitted for the duration of your student status. That means you may stay as long as you are a full time student, even if the F-1 visa in your passport expires while you are in America. For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:

F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.

M-1 student - An additional 30 days to depart the U.S. (Fixed time period, in total not to exceed one year). The 30 days to prepare for departure is permitted as long as the student maintained a full course of study and maintained status. An M student may receive extensions up to three years for the total program.

As an example regarding duration of status, if you have a visa that is valid for five years that will expire on January 1, 2001, and you are admitted into the U.S. for the duration of your studies (often abbreviated in your passport or on your I-94 card as "D/S"), you may stay in the U.S. as long as you are a full time student. Even if January 1, 2001 passes and your visa expires while in America, you will still be in legal student status. However, if you depart the U.S. with an expired visa, you will need to obtain a new one before being able to return to America and resume your studies. A student visa cannot be renewed or re-issued in the United States; it must be done at an Embassy or Consulate abroad.

So, the minute that she leaves the US, she will have no status here. She will have to start again either at the consulate for a new F-1 or you will have to petition her to come here as your wife or fiancee.

Good luck.

[Philosykos 0]

You have two options:

1. Get married without leaving the country and apply for adjustment of status (Green Card).

2. Leave the country to get parents' consent, then be separated for at least 6-8 months while waiting for the K-1 visa, or a spouse visa if you get married abroad, until she can enter the country again.

Given that she has the intent of marrying you, she cannot legally reapply for an F-1 visa and return, get married, and adjust status. You would have to conceal the fact that she had an intent to get married and stay when she entered the country on the F-1, because immigration authorities consider that fraud. If they don't believe you that you didn't plan to get married, you are in huge trouble.

I personally would advise to choose option 1, as anything else will be a huge headache. But I'm not from a traditional society...

[SCFsnoopy 0]

You have two options:

1. Get married without leaving the country and apply for adjustment of status (Green Card).

2. Leave the country to get parents' consent, then be separated for at least 6-8 months while waiting for the K-1 visa, or a spouse visa if you get married abroad, until she can enter the country again.

Given that she has the intent of marrying you, she cannot legally reapply for an F-1 visa and return, get married, and adjust status. You would have to conceal the fact that she had an intent to get married and stay when she entered the country on the F-1, because immigration authorities consider that fraud. If they don't believe you that you didn't plan to get married, you are in huge trouble.

I personally would advise to choose option 1, as anything else will be a huge headache. But I'm not from a traditional society...

From what I understand (and if Jim sees this thread he'll confirm) Vietnamese families place a huge weight on engagement and marriage and a formal engagement ceremony will need to take place in Vietnam with the beneficiery's family - so option 1 doesn't look viable for the OP.

Going off of the post above me about the F-1 status, it doesn't look like she'll have any troubles there if she's still been studying full time - so you could probably go ahead and file for the K-1. (someone correct me if I'm wrong, please, because I don't want to give the wrong advice - but maybe he could even filed the I-129F petition now, since she/they have to go back to Vietnam anyway, so she could stay there to finish off the process).

[Nina~ 431]

In my understanding, a F1 visa is necessary only for legal entry into the US as a student... To actually maintain a legal status, your fiance need to be a fulltime student, maintain a gpa above 2.0, etc. If her F1 is expired, she needs to talk to her student counselor to give her a letter of good standing before she leaves the country and need to reapply for a F1 before entering into the US again. If she has remained in status, getting another F1 should not be a problem.

However, it is illegal for her to get an F1 visa with the intention of immigrating, i.e marrying you and apply for a GC.

Edited July 17, 2009 by Nina Ballerina

[Philosykos 0]

You have two options:

1. Get married without leaving the country and apply for adjustment of status (Green Card).

2. Leave the country to get parents' consent, then be separated for at least 6-8 months while waiting for the K-1 visa, or a spouse visa if you get married abroad, until she can enter the country again.

Given that she has the intent of marrying you, she cannot legally reapply for an F-1 visa and return, get married, and adjust status. You would have to conceal the fact that she had an intent to get married and stay when she entered the country on the F-1, because immigration authorities consider that fraud. If they don't believe you that you didn't plan to get married, you are in huge trouble.

I personally would advise to choose option 1, as anything else will be a huge headache. But I'm not from a traditional society...

From what I understand (and if Jim sees this thread he'll confirm) Vietnamese families place a huge weight on engagement and marriage and a formal engagement ceremony will need to take place in Vietnam with the beneficiery's family - so option 1 doesn't look viable for the OP.

I understand that. I was just listing the options the OP has from a legal standpoint - which ones he and his fiancée are able to choose due to the traditions they have to follow is another question.

Going off of the post above me about the F-1 status, it doesn't look like she'll have any troubles there if she's still been studying full time - so you could probably go ahead and file for the K-1. (someone correct me if I'm wrong, please, because I don't want to give the wrong advice - but maybe he could even filed the I-129F petition now, since she/they have to go back to Vietnam anyway, so she could stay there to finish off the process).

That would be good, and maybe he can indeed already file for the K-1 while they are still in the country, and then only leave to apply for the visa. I am not sure if USCIS cares or not that the beneficiary is still in the country on another visa, or if the consulate, knowing the local customs, would care that the official engagement could only happen after the petition was filed.

Edited July 17, 2009 by Philosykos

[toddandhien 2]

Like with any culture, there are traditionalists and then there are some who are more liberal. Of course, most Vietnamese families would prefer to meet the intended spouse early on. And the Dam Hoi/Dinh Hon is a big deal for the girls and their families. But, in the end, it will come down to some form of a compromise somewhere because the OP cannot legally do what would be the "easiest".

If the OP's GF can persuade her family, I would recommend marrying here now, adjusting status and later returning to VN to have a big ceremony and party. It is out of order from the normal method but there tend to be many things in these immigration processes that force things to be done a little differently.

I will also add that if the OP petitions his GF for a K-1 or CR-1 visa, there is no certainty that it will be granted. Just read the SE Asia posts of folks going through the HCM consulate for a reality check.

[Anh map 2,098]

Like with any culture, there are traditionalists and then there are some who are more liberal. Of course, most Vietnamese families would prefer to meet the intended spouse early on. And the Dam Hoi/Dinh Hon is a big deal for the girls and their families. But, in the end, it will come down to some form of a compromise somewhere because the OP cannot legally do what would be the "easiest".

If the OP's GF can persuade her family, I would recommend marrying here now, adjusting status and later returning to VN to have a big ceremony and party. It is out of order from the normal method but there tend to be many things in these immigration processes that force things to be done a little differently.

I will also add that if the OP petitions his GF for a K-1 or CR-1 visa, there is no certainty that it will be granted. Just read the SE Asia posts of folks going through the HCM consulate for a reality check.

Civil wedding in US, AOS, trip back to VN for the massive wedding party.