Getting married and leaving US for a month

[kurrypie 0]

I'm a US citizen living in the states. My fiancee is studying on F-1. We're getting married in May, then will visit our 'home' country for a month for traditional ceremonies. My new job starts in August (in the US) and I would like to be with my wife at that time. How shall we proceed?

I understand that I need to file I-130 and I-485 for the spouse visa. Should I file them immediately after we get married? What visa will she use to enter the country in July?

Thanks for the help

[Harpa Timsah 13,258]

After you marry, you can file Adjustment of Status. However, during that time the foreigner cannot travel internationally. You will need to wait for a special travel permission called Advance Parole. You can file for that for free with your AOS and it takes about 3 months to be approved. You cannot come back on the F-1 with the intention to adjust status - that is visa fraud. CBP can and will deny you entry for this. I'd move up your marriage time table a bit so you can get the AP in time to travel. Otherwise, you will have to pursue a spousal visa and the foreigner will have to wait outside the US for 8-10 months while it is processing.

[X Factor 1,111]

After you marry, you can file Adjustment of Status. However, during that time the foreigner cannot travel internationally. You will need to wait for a special travel permission called Advance Parole. You can file for that for free with your AOS and it takes about 3 months to be approved. You cannot come back on the F-1 with the intention to adjust status - that is visa fraud. CBP can and will deny you entry for this. I'd move up your marriage time table a bit so you can get the AP in time to travel. Otherwise, you will have to pursue a spousal visa and the foreigner will have to wait outside the US for 8-10 months while it is processing.

[kurrypie 0]

Thanks for the prompt replies!

So here are our options:

1) Get married, file I-130 and I-485, stay in country until AP is approved, then travel.

2) Get married, file I-130 only, we both leave country, foreigner stays abroad, waits for I-130 approval, and enter US on CR1.

3) Get married, we both leave country, file I-130 from foreign country, I come back, foreigner waits for visa, then enter US on CR1.

Is this correct?

Would entering US through visa waiver program also be considered as fraud?

Also, what's the timeframe for 2) and 3)? I've read it's approximately 5 months. Is the 8-10mo you cited the norm?

Edited March 3, 2013 by kurrypie

[kurrypie 0]

Also, what are NOA1 and NOA2 in the historical graph at /content/ir1cr1historical ??

edit//

it seems like, after some more reading, if we are unable to change the dates for the traditional ceremonies abroad, our best bet would be to file a I-129F to get the K-3 visa, which has less travel time than I-130. Would that be the best way for us to be reunited quickly?

Edited March 3, 2013 by kurrypie

[Harpa Timsah 13,258]

Okay, those are your options, yes. 2 & 3 are basically the same.

Entering on the VWP to adjust status is also fraud and you can and will be denied - same deal with the F-1.

If you are looking at a spousal visa path, the I-130 takes 5-6 months to be approved, then you go to NVC for a month or so, then you have to wait for an interview, which can take a few months.

If you just move up your timetable, adjusting status from within the US will take about 3-5 months total. You have the circumstances to be able to do AOS now or soonish, but not after you leave the US.

A K-3 does not exist anymore, and hasn't been any faster for a while.

[kurrypie 0]

A H1B would also solve the problem right? Since it's a dual intent visa...

[Harpa Timsah 13,258]

A H1B would also solve the problem right? Since it's a dual intent visa...

Yep! But finding an employer willing to pay thousands of dollars for an employee that will only work for them for a while might be tough. But if you can do it, do it!

[kurrypie 0]

Just trying to figure out all of our options here...

If we go to the courthouse next week, and file everything immediately, could she get AP by mid-May?

[Kathryn41 3,205]

If you file right away, it is technically possible but not guaranteed to get the AP mid-May. It is more likely the end of May or mid-June, so don't buy any plane tickets yet or if you do, make sure you are able to exchange them if you need a later date.

Edited March 3, 2013 by Kathryn41

[bigdog 376]

If you file right away, it is technically possible but not guaranteed to get the AP mid-May. It is more likely the end of May or mid-June, so don't buy any plane tickets yet or if you do, make sure you are able to exchange them if you need a later date.

:thumbs:Yep, keeping in mind all the processes have been slow lately.

[pushbrk 12,569]

I'm a US citizen living in the states. My fiancee is studying on F-1. We're getting married in May, then will visit our 'home' country for a month for traditional ceremonies. My new job starts in August (in the US) and I would like to be with my wife at that time. How shall we proceed?

I understand that I need to file I-130 and I-485 for the spouse visa. Should I file them immediately after we get married? What visa will she use to enter the country in July?

Thanks for the help

Not enough information. If your wife is still a student and still has a valid, unexpired student visa, she would just re-enter as a student. If she is NOT a student or her visa has expired, then your plan will not work as you desire. As the spouse of a US citizen, she is unlikely to obtain a new student visa, though she can stay and complete her studies, even with an expired visa as long as her I-94 has the notation D/S for duration of studies.

This is a tricky situation. Leaving the USA can trigger some significant complications. You can file to adjust status, but if she leaves before she receives advance parole, she won't get back in and you'll forfeit the $1,070 fee for the I-485. Then, you'll pursue a CR1 visa and she'll come back maybe in the spring of 2014. You've got time to work out a plan that WILL work for you, but this one won't.

[kurrypie 0]

Not enough information. If your wife is still a student and still has a valid, unexpired student visa, she would just re-enter as a student. If she is NOT a student or her visa has expired, then your plan will not work as you desire. As the spouse of a US citizen, she is unlikely to obtain a new student visa, though she can stay and complete her studies, even with an expired visa as long as her I-94 has the notation D/S for duration of studies.

This is a tricky situation. Leaving the USA can trigger some significant complications. You can file to adjust status, but if she leaves before she receives advance parole, she won't get back in and you'll forfeit the $1,070 fee for the I-485. Then, you'll pursue a CR1 visa and she'll come back maybe in the spring of 2014. You've got time to work out a plan that WILL work for you, but this one won't.

She is still a student and her visa is good till 2014. If she never met me, she would just mind her own business, enter on F-1, and finish her studies. She's left and entered the country a few times before without any problems.

If we get married, might that jeopardize her chance of being admitted and getting her degree? What if I don't file I-130/485 until after she gets her degree?

[pushbrk 12,569]

She is still a student and her visa is good till 2014. If she never met me, she would just mind her own business, enter on F-1, and finish her studies. She's left and entered the country a few times before without any problems.

If we get married, might that jeopardize her chance of being admitted and getting her degree? What if I don't file I-130/485 until after she gets her degree?

Then wait until you're both back from the summer trip to file to adjust status, when she's not planning or needing to leave the USA. When you come back this summer, go to separated entry lines at the Port of Entry. She's coming back to continue her studies. No need to mention the marriage at all.

[EAS 45]

Then wait until you're both back from the summer trip to file to adjust status, when she's not planning or needing to leave the USA. When you come back this summer, go to separated entry lines at the Port of Entry. She's coming back to continue her studies. No need to mention the marriage at all.

It is my understanding that one will be committing visa fraud if one enters the United States on a visa that does not allow for immigration/adjustment of status if one has the intention of immigrating/adjusting status at the time of entry.