Shaunbreiland

Hi my name is Shaun, and I've been together with a Polish F-1 student in the
US for almost a year and a half. I've known her for longer. We plan to get
married in June. The problem is, we want to get married in Poland with her
family and come back to the US a couple of weeks after that. I keep getting
different information from different people regarding how, when or if she
will be able to get back into the US. We have to be back by the end of August
to start the fall semester of classes. If anyone has any information to help
us out, we would greatly appreciate it.

Elvira

And your own citizenship and/or US visa status is..???

NCTarheel

I presume he is a USC since that's what the title of his post is, "F-1 student marriage to USC".

Shaunbreiland via ImmigrationKB.com

I'm a US citizen

--
Message posted via http://www.immigrationkb.com

Elvira

The information you need is here:

http://uscis.gov/graphics/howdoi/spouselive.htm

However, whichever route you choose, it is unlikely to be completed by the end of August, so it is important that your wife maintains her F1 status. I am not sure whether she would have problems on re-entry, though, if she is married to a USC.

I think a consultation with a competent immigration attorney might be a good idea.

Kevin Keane

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I would suggest an alternative approach here:

- - Postpone the wedding in June. The timeline is not going to work out.

- - Get married right away, in Las Vegas, or wherever it is convenient and
quick. All you want to do is get the legal paperwork squared away, make
her your legal wife.

- - File her adjustment of status, and apply for Advance Parole at the
same time.

- - She will (hopefully) get the Advance Parole two or three months later.

- - Use the Advance Parole to travel to Poland at your convenience, and
have the formal family wedding there. If you get married tomorrow, you
should probably be able to do it by August, although it is cutting it
very close.

Shaunbreiland wrote:
    > Hi my name is Shaun, and I've been together with a Polish F-1 student in the
    > US for almost a year and a half. I've known her for longer. We plan to get
    > married in June. The problem is, we want to get married in Poland with her
    > family and come back to the US a couple of weeks after that. I keep getting
    > different information from different people regarding how, when or if she
    > will be able to get back into the US. We have to be back by the end of August
    > to start the fall semester of classes. If anyone has any information to help
    > us out, we would greatly appreciate it.


- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

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Elvira

I was thinking also that what you are suggesting is the most logical approach, but these guys probably have their heart set on a June wedding 'back home'...

Would they not allow her to re-enter if she were married but had maintained her F1 status?

Kevin Keane

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Elvira wrote:
    > I would suggest an alternative approach here:
    >
    > - Postpone the wedding in June. The timeline is not going to
    > work out.
    >
    > - Get married right away, in Las Vegas, or wherever it is convenient
    > and
    > quick. All you want to do is get the legal paperwork squared away,
    > make
    > her your legal wife.
    >
    > - File her adjustment of status, and apply for Advance Parole at the
    > same time.
    >
    > - She will (hopefully) get the Advance Parole two or three months
    > later.
    >
    > - Use the Advance Parole to travel to Poland at your convenience,
    > and
    > have the formal family wedding there. If you get married tomorrow,
    > you
    > should probably be able to do it by August, although it is cutting
    > it
    > very close.
    >
    > Shaunbreiland wrote:
    >>>> Hi my name is Shaun, and I've been together with a Polish F-1
    >>>> student in the
    >>>> US for almost a year and a half. I've known her for longer. We plan
    >>>> to get
    >>>> married in June. The problem is, we want to get married in Poland
    >>>> with her
    >>>> family and come back to the US a couple of weeks after that. I keep
    >>>> getting
    >>>> different information from different people regarding how, when or
    >>>> if she
    >>>> will be able to get back into the US. We have to be back by the end
    >>>> of August
    >>>> to start the fall semester of classes. If anyone has any information
    >>>> to help
    >>>> us out, we would greatly appreciate it.

    > I was thinking also that what you are suggesting is the most logical
    > approach, but these guys probably have their heart set on a June wedding
    > 'back home'...

Yes, I agree. It's unfortunate that the US requires so much advance
planning here...

    > Would they not allow her to re-enter if she were married but had
    > maintained her F1 status?

I'd say that's tricky at best. If she already had an F-1 visa, then she
could be admitted into the USA with it, but filing for Adjustment of
Status could later bring up the issue of immigration fraud, similar to
the issue of tourists adjusting status. Most likely, they would get away
with it (USCIS tends to be generous in these cases).

It might be wise in this case to go for consular processing: use the F-1
to come to the USA temporarily, file the petition, but do not file for
AOS. Instead, go back to Warsaw to actually get an immigrant visa when
the petition is approved.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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