F-1 renewal interview before or after wedding

[xiaopang]

Hello,

I'm a green card holder (1 year now) and I got engaged recently to an F-1 student.
We're planning on getting married this summer in her home country.
Also, she would need to renew her F-1 (because her passport was stolen last year) and will need to get an interview in her home country this summer after the wedding to stamp her visa on her passport.

I'm worried she might be denied because some of her friends got denied recently. She's starting a Masters degree and I'm worried she won't be able to come back after the wedding.

I've heard that getting married might also reduce her chance of renewing her visa (dual intent). Should she renew her visa before the wedding? I'm also thinking of applying for an I-130 but again it would compromise her F-1. Do you guys have any advice?

Thank you.

[inadmissible]

Every F-1 applicant has to persuade the consular officer they will return home at the conclusion of their academic program (OPT/CPT is part of the academic program). It seems to me that being married to a permanent resident raises the hurdle she must overcome. That said, whether she is legally married to you or not at the time of her interview, she really does not have any intention of returning to her home abroad anyway. If she is not a bona fide non-immigrant, she is not eligible for an F visa, and will only be approved through luck or deceit.

So, I don't think it really makes a difference whether you have your wedding before or after her consular appointment. If she is denied a visa, she can always return two years after you file I-130, when she becomes eligible for an immigrant visa. If that is a risk she doesn't want to take, she should consider skipping the wedding abroad, and arranging with the DSO of both schools to arrange a transfer. If her priority date becomes current before you completes grad school, she can adjust her status at that point and get her green card

[xiaopang]

Thank you very much for your answer. I think it's better not to risk it. I was also wondering if she decides to not continue with an F-1 visa and get an I-130 instead if she'll be able to take continuing education classes, possibly accumulate credits and get the diploma when she gets the green card.

Thank you very much.

Every F-1 applicant has to persuade the consular officer they will return home at the conclusion of their academic program (OPT/CPT is part of the academic program). It seems to me that being married to a permanent resident raises the hurdle she must overcome. That said, whether she is legally married to you or not at the time of her interview, she really does not have any intention of returning to her home abroad anyway. If she is not a bona fide non-immigrant, she is not eligible for an F visa, and will only be approved through luck or deceit.

So, I don't think it really makes a difference whether you have your wedding before or after her consular appointment. If she is denied a visa, she can always return two years after you file I-130, when she becomes eligible for an immigrant visa. If that is a risk she doesn't want to take, she should consider skipping the wedding abroad, and arranging with the DSO of both schools to arrange a transfer. If her priority date becomes current before you completes grad school, she can adjust her status at that point and get her green card

[newacct]

A US visa is only for entering the US. She doesn't need a visa if she doesn't (leave and) enter the US. Why don't both of you just stay in the US and get married here, and she can continue her studies on F-1 status until she can file Adjustment of Status (spouse of permanent resident is in the F2A category, and there is a wait for visa numbers before she can apply). Is there a particular reason why she needs to leave the US?