F1 expired / valid I-20 / emergency travel issue

[maba1985 0]

I am writing on behalf of my sister to seek advice on her current situation. She is on a student F1 visa with a valid I-20 but expired visa stamp (as of Jan 2016) in her passport. Her standing with the college is good and she is a couple of semesters away from completing her BBA.

She got married to a USC in January after two years of being together but things are not working out so it looks like they are going to get the marriage annulled. They never applied for any marriage based immigration benefit.

We recently got news that our father's health has been deteriorating (he was diagnosed with colon cancer not too long ago) and therefore there is going to be an imminent unplanned trip to our hometown in Italy probably next month.

We are very concerned because, since she never applied for the adjustment, she is not able to get an advanced parole emergency travel document, as far as my knowledge goes.

Normally, her option for re-entry would be to set an appointment at the US Embassy and apply for a renewal of her F1? But I am thinking, if the marriage is not annulled by then, would they give her problems because she is married to an American? (again, never applied for benefits and getting a mutual annulment)

Thank you very much for your help, this situation is very stressful and painful as is without the added stress brought on by the immigration matters. It truly sucks :(

[newacct 688]

Yes, she would go to the US consulate to apply for an F1 visa. Yes, there is the risk of denial. She should be honest about her marriage not working out and her not planning to stay in the US after her studies and hope for the best.