Jason Varsoke

My fiancee holds a F-1 Student Visa for the USA as a PhD Candidate. We're currently
in Croatia (her homeland) and wish to marry here. May we do so without invalidating
her F-1 Visa? And may she still enter the US under the F-1 Visa and fill out an
I-130 petition or apply for K1 status (not sure which would be correct) when we're
back in the USA?

thank you for your advice,

-jason

--
email: [email protected]

Andy Platt

Since F-1 visas are not currently classed as dual intent, technically she is supposed
to maintain non-immigrant intent when entering the US on it. I would apply the 30/60
day rule (even though that doesn't apply to F-1 visas) and have her wait 60 days
after entering the US to file for AOS.

However, if Croatia allows DCF, you might find it's best to file there and she could
enter on an immigrant visa. The following website has information on DCF for various
countries:

http://www.mindspring.com/~docsteen/...o/visainfo.htm

Andy.

--
I'm not really here - it's just your warped imagination. "Jason Varsoke"
<[email protected]> wrote in message
news:[email protected]...
    > My fiancee holds a F-1 Student Visa for the USA as a PhD Candidate. We're currently
    > in Croatia (her homeland) and wish to marry here. May we do so without invalidating
    > her F-1 Visa? And may she still enter the US under the F-1 Visa and fill out an
    > I-130 petition or apply for K1 status (not sure which would be correct) when we're
    > back in the USA?
    >
    > thank you for your advice,
    >
    > -jason
    >
    > --
    > email: [email protected]