Problem with "Coming Back" to the USA on Time

[Tomek]

My girlfriend is here from Thailand on a student visa, she wants to go back
to Thailand next year for 1 month with me but says it will be impossible to return at the same time as me because the process to reapply as a student takes months and could be denied... She has promised not to leave Thailand unless We left in the same plane. I want her to see her family so bad... Is there anything I can do to turn this into a 1
month process so we can be on the same plane home? Other than marriage of course.... We are not ready for that yet.

Please help

[Mr. Knowitall]

The issue here being what? She took longer than expected to finish her degree? She's applying to graduate schools and has not yet been admitted? Something else?

[Tomek]

She was an au pair for 2 years and changed her visa here to a student visa. The issue is the process to return from Thailand.... It supposedly takes months to reapply as a student again and could be denied... I want a way around this if possible, to get her back on the same plane as me in under a month... possible?

[Mr. Knowitall]

Which tells us nothing about why she needs to "reapply as a student again". If you are unable to answer my questions, and she is unable to help you out, she may be able to get some immigration assistance through her school or she can consider hiring an immigration lawyer to advise and assist her.

[Tomek]

she needs to reapply as a student when she goes back to Thailand because thats what she told me. She said she needs some sort of stamp on her paperwork that will allow her to go back into the USA and it takes possibly more than a month to get it and that it could be denied because supposedly au pairs from thailand have been selling drugs? something like that... i'd hire a lawyer but i dont have that kind of money. are you saying that her visa may stay valid and that she an return to the USA when she wants and maybe she is wrong?

[T53147]

It sounds like she does not now have an F-1 stamping and will need to apply for it. In order to qualify she needs to demonstrate that she has funding for her educational program and does not have immigrant intent as well as have the proper documentation from the university.

Unless you are a US citizen or a guest worker on a program permitting sponsored dependants, she cannot benefit from a marriage to you.

She will need to apply for a visa. It will take as long as it takes; there is nothing that can be done to expedite it, and it may or may not be granted.