From F-1 to spouse visa + leaving the country a month later.

[ratface 0]

I'm so glad I found this forum. Hopefully someone can give me hand here.

I'm an F-1 student (currently active), engaged to my American boyfriend of almost 5 years. I've been living here for 3 years now, going to school the entire time. Since my student visa expired in August, we've been thinking about finally taking the next step, and we were hoping to get married next month. Here's the problem though: a) as mentioned above, my student visa has expired, and b) we've been planning on taking a trip to see my family in Finland over christmas. How are these things going to affect us? Am I going to be able to go see my family a month after we've gotten married? Will I be able to return to the United States after our trip?

Here's another scenario to think about: I'm currently applying as a transfer student to another school. If I get accepted, should I just plan for going to get my student visa renewed while on my trip?

I really hope you guys can help me out here.

[TBoneTX 45,308]

Welcome to VisaJourney!

I've moved your message from the CR-1 Process forum (where you'd posted it) to the "Student & Exchange Visitor Visas" forum -- you should find some relevant information in other threads, and people who can meaningfully comment on your own situation should be along shortly. Good luck!

[ratface 0]

no one can help? :/ can someone direct me to someone/some place that might be helpful?

[Moomin 292]

It depends on what you're planning on doing. You can't re-enter the US with the intent to immigrate when you enter with a non-immigrant(or expired) visa. Are you planning on immigrating, or are you planning on returning as a student?

Most likely renew your visa before you enter the US again. Because the first scenario requires an immigrant visa(intending on immigrating), and in that case you'll need the proper visa.

Here's a friendly bump hoping you'll receive some informative replies.

[canadian_wife 1,822]

If your student visa expired in August why haven't you been to the office of your DSO to get a new one? If you have a new student visa, then you're fine. Don't travel with an expired one

Good luck

[ratface 0]

I haven't renewed mine because I've been going to school this whole time. My school has been telling me that for the renewal, I have to leave the country. We are planning a trip to my home country in december, and I am planning on getting my student visa renewed during this trip. Can we still get married before that, if we don't start the spouse visa process? I would really just like to be able to go back to school in the spring, so I can get my degree sometimes.

[jaycali 415]

I'm so glad I found this forum. Hopefully someone can give me hand here.I'm an F-1 student (currently active), engaged to my American boyfriend of almost 5 years. I've been living here for 3 years now, going to school the entire time. Since my student visa expired in August, we've been thinking about finally taking the next step, and we were hoping to get married next month. Here's the problem though: a) as mentioned above, my student visa has expired, and b) we've been planning on taking a trip to see my family in Finland over christmas. How are these things going to affect us? Am I going to be able to go see my family a month after we've gotten married? Will I be able to return to the United States after our trip?Here's another scenario to think about: I'm currently applying as a transfer student to another school. If I get accepted, should I just plan for going to get my student visa renewed while on my trip?I really hope you guys can help me out here.

Your student visa having expired has no bearing on your status in the US. If you're still going to school you're in status and lawfully in the US. Your visa is only used as an "entry pass" and that's where your problems arise. You can go to school, but if you leave the US you cannot come back.

What do you intend to do once you return to the US? Do you intend to finish your degree and for you guys to move to Finland? Or do you intend to adjust status from student to permanent resident (green card) in the US?

A student visa is usually easily renewable, shouldn't take more than a month or so from application until you have the new visa. If you guys don't have any plans as to where you're going to live after you graduate, or you plan to live in Finland, you're generally ok. However, a student visa is non-immigrant visa and you are not eligible for one if you intend to adjust status once in the US. In other words, if you intend to adjust status once back in the US, you cannot and will not get a student visa. Intent is one thing, what the CO interviewing you will believe is another - It is next to impossible in large parts of the world to get a student visa with a USC husband, it can be difficult (but not impossible) in northern Europe.

If you're planning on staying in the US with your husband after graduation, I would personally postpone the Finnish Christmas until next year. You'll then be able to start the adjustment of status process as soon as you're married next month, and you'll be eligible to travel within a few months (March ish).

If you're planning on moving back to Finland after your graduation, going back to Finland for Christmas is risky at best. When you renew your visa, they may not even ask about your husband and you'll have no problems. Or, they may ask and may or may not assume you're going to adjust status in the US and deny your visa.

Think through this carefully. The US immigration system has a lot of potential pit falls that you do not want to fall into.

As far as adjustment of status and intent goes:

- You can do it fully legally now because you're in the US and didn't intend to do it when you applied for your current visa.

- You may face problems getting a new visa because you'll already be married and they may assume that you intend to adjust status.

Edited November 3, 2012 by Jay Jay

[besaangel 18]

I agree with jay jay. If you are already intending on getting married to ur bf, I'd suggest putting off any overseas trips until you have gotten married & filed for AOS and submitted for travel notice during this process. Leaving the country when you "know" and intend on getting married will definitely cause problems in trying to return etc.