Can I leave the U.S.?

[splendor 0]

I have another question. I have F-1 visa and got married to a US citizen on 4th of July.

Would there be any trouble coming back to US even though I am not going to apply for AOS?

[Singers 0]

Here's the problem: You are presumed to have 'immigrant intent' when you enter the US. (this applies to EVERYONE) The burden is on you to prove you do not.

Now, with a US spouse it is going to be really hard to prove that you do not want to stay here permanently. (It may sound extremely arrogant but: Why wouldn't you want to stay in the US? is the approach they are going to take.)

If you try to enter the US and they find out you have a USC spouse... it might get ugly. They might turn you around or worse accuse you of visa fraud.

[payxibka 10,045]

There is a reason people advise if you are adjusting to LPR after marriage from a tourist or student visa, plan on NOT leaving the USA until you have greencard in hand.

Would there be any trouble coming back to US even though I am not going to apply for AOS?

Not apply for AOS ever?

The problem is never leaving the USA... It is all about getting in....

Edited July 15, 2008 by fwaguy

[EstebanTrabajos 7]

Would there be any trouble coming back to US even though I am not going to apply for AOS?

To my understanding, nobody can force you to adjust status, if your intentions by getting married are to live somewhere else other than in the US w/your USC spouse, then I don't see any problems on your return since you have stated that you don't plan to immigrate to this country. One can be married to a US citizen and never apply for permanent residence but the US citizen may be interested to get european, japanese etc residence.

You are fine then

and please clarify something to me, according to your other post you said "I was going to apply for AOS right after my marriage, but decided to do that after being back from the trip since I was concerned that I might not be able to go on the mission trip outside US if I applied for it then."

Are you or are not going to apply for AOS????

Edited July 15, 2008 by GueraYTavo

[splendor 0]

Would there be any trouble coming back to US even though I am not going to apply for AOS?

To my understanding, nobody can force you to adjust status, if your intentions by getting married are to live somewhere else other than in the US w/your USC spouse, then I don't see any problems on your return since you have stated that you don't plan to immigrate to this country. One can be married to a US citizen and never apply for permanent residence but the US citizen may be interested to get european, japanese etc residence.

You are fine then

and please clarify something to me, according to your other post you said "I was going to apply for AOS right after my marriage, but decided to do that after being back from the trip since I was concerned that I might not be able to go on the mission trip outside US if I applied for it then."

Are you or are not going to apply for AOS????

I had no intention to become a permanent resident of the U.S. because I am finishing my dissertation and after I obtain my Ph.D. I can apply for a job here and will have no problem staying in the U.S. withough having a green card. I want to go back to my country anyway. But if I think I need to become one of them for any reasons later, then I could apply for it. But my wife keeps asking me to apply for it now. So I am still deciding. That's the reason. Thanks for your attention. So what do you think I should do?

Edited July 15, 2008 by splendor

[Singers 0]

Would there be any trouble coming back to US even though I am not going to apply for AOS?

To my understanding, nobody can force you to adjust status, if your intentions by getting married are to live somewhere else other than in the US w/your USC spouse, then I don't see any problems on your return since you have stated that you don't plan to immigrate to this country. One can be married to a US citizen and never apply for permanent residence but the US citizen may be interested to get european, japanese etc residence.

You are fine then

and please clarify something to me, according to your other post you said "I was going to apply for AOS right after my marriage, but decided to do that after being back from the trip since I was concerned that I might not be able to go on the mission trip outside US if I applied for it then."

Are you or are not going to apply for AOS????

In theory, yes he is fine. But that may not be how it plays out at the border. Nobody can force him to AOS.. but they can certainly say "I don't believe you" and turn him around. You cannot say with any degree of certainty that he will be "fine" at the border. And if they do accuse him of misrep, that is lifetime ban. (waiverable yes, but still a ban.)

[EstebanTrabajos 7]

So what do you think I should do?

Well, pretty much see the pros and cons:

If you apply for PR,

1) You will have to stay in the country for an X amount of time until you receive your green card

2) You will have to live in the US most of the year for, at least, 3 years in order to keep your permanent residence and to be able to apply for US citizenship. Once you become a USC you can do whatever you want and reside whenever you wish.

3) You can apply AOS after receiving your work visa and be able to come and go as you please, since while you are in the process, the work visa can allow you to exit the country because it might be work related.

If you don't apply for PR,

1) You say you are able to get a work visa right? You will be able to come and go as you please since the H1 or whatever the type is will allow you to remain in the country as long as you follow the work visa rules.

2)In case you want to apply in the future and you are away from the country, you will have to first apply through the US Embassy in your home country for a visa that will allow you to enter the US as a foreign spouse w/the intention to adjust status (not a work work nor study visa) and once here, start your AOS process (I know time consuming).

3) Never intend to travel to the US to avoid problems .

P.S. My mom has a friend whose husband is a PR but resides part of the year in Mexico, where his family leaves (non of them are PR by the way) and once they tried to apply for tourist visas because they wanted to come on vacation but the US embassy in Mexico didn't allow them even to apply because according to them, their father/husband was already a PR, why did they want just to apply for tourist visas if they could apply for permanent residence (I know stupid but that happened).

Edited July 15, 2008 by GueraYTavo

[Chica Yeyé 41]

Would there be any trouble coming back to US even though I am not going to apply for AOS?

To my understanding, nobody can force you to adjust status, if your intentions by getting married are to live somewhere else other than in the US w/your USC spouse, then I don't see any problems on your return since you have stated that you don't plan to immigrate to this country. One can be married to a US citizen and never apply for permanent residence but the US citizen may be interested to get european, japanese etc residence.

You are fine then

and please clarify something to me, according to your other post you said "I was going to apply for AOS right after my marriage, but decided to do that after being back from the trip since I was concerned that I might not be able to go on the mission trip outside US if I applied for it then."

Are you or are not going to apply for AOS????

I had no intention to become a permanent resident of the U.S. because I am finishing my dissertation and after I obtain my Ph.D. I can apply for a job here and will have no problem staying in the U.S. withough having a green card. I want to go back to my country anyway. But if I think I need to become one of them for any reasons later, then I could apply for it. But my wife keeps asking me to apply for it now. So I am still deciding. That's the reason. Thanks for your attention. So what do you think I should do?

Working in higher ed I can tell you that foreign professors, when hired, have to renew their work visas over and over and over again; and there is a limit as to how many years you can teach on a work visa (if I remember properly); so in the end Adjusting Status is a much better option for you. Also, with a work visa there are many things you cannot do (in some academic disciplines -as you might already know- you need research secturity clearance that as a work-visa holder you would not be eligible for).

Then again, it is your call. But yes, each time you come in and out with the work visa, chances are you would be grilled at the border since you are married to a USC.

Good luck on the diss and in the process!

[EstebanTrabajos 7]

If you apply for PR,

1) You will have to stay in the country for an X amount of time until you receive your green card

Sorry I meant to say your Advance Parole, this is in case you dont apply or are not able to get a work visa though.

I know, Len is completely right. It is complicated...decisions, decisions

Godspeed...

Edited July 15, 2008 by GueraYTavo

[Chica Yeyé 41]

If you apply for PR,

1) You will have to stay in the country for an X amount of time until you receive your green card

Sorry I meant to say your Advance Parole, this is in case you dont apply or are not able to get a work visa though.

I know, Len is completely right. It is complicated...decisions, decisions

Godspeed...

Always hermano, always. Good to know you're learning that

[EstebanTrabajos 7]

If you apply for PR,

1) You will have to stay in the country for an X amount of time until you receive your green card

Sorry I meant to say your Advance Parole, this is in case you dont apply or are not able to get a work visa though.

I know, Len is completely right. It is complicated...decisions, decisions

Godspeed...

Always hermano, always. Good to know you're learning that

No sea maaa, jajaja god help your redhead jajajajaja