Legal Question in Immigration Law in Minnesota
Hello,
My wife came here on a student visa F-1. It expired on May 9th and as I understand it she has a one month grace period. We are currently traveling around the US on our honeymoon and have scheduled our flight to leave for July 5th. Do we get any longer grace period since we got married and I'm a US citizen? Will there be any legal penalties on her for overstaying 2 months? Will she face restrictions on reentering to visit our family in the next few years? What can we do to extend it and is it necessary? Are we fine?
Thanks,
Ben
2 Answers from Attorneys
Hi,
There is a 60-day grace period in F1 status after completion of studies as full-time student.
If your wife departs the U.S. as planned, it is unlikely that your wife will be able to enter the U.S. on a nonimmigrant visa category since most nonimmigrant visa categories require that there be no intention to immigrate to the U.S.
You should consider sponsorship your wife based on marriage to U.S. citizen. All sponsorship paperwork can be filed concurrently, and your wife will receive employment authorization and advance parole document to allow her to work and travel freely while the sponsorship paperwork is being adjudicated by the USCIS.
You can call our law firm at 212-268-3580 for additional guidance, or email [email protected]
Ben,
If your wife is currently in the USA, and you are a US citizen husband residing in the United States, and she would like to remain in the USA after the marriage -- then departing the USA would be a wrong thing to do. She might be able to apply for adjustment of status to a status of a permanent resident. When she is a permanent resident (has a green card), then she can leave and visit her home country, etc.
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