F1: marriage without AOS / AOS whilst living apart

[bgk 0]

Hey Guys,

I have a few questions. I'm an F1 student, been here for 2.5 years studying for my PhD. 18 months ago I met a girl and we've been dating since. Things are very serious and we're contemplating marriage, BUT;

1) She has to leave the country and go to Europe for work and could be away for 2 years. I haven't found much information about this kind of scenario, is the AOS request likely to be rejected in this situation? We've got 18 months of photos, love letters, emails, cards, including photos of her in my country and me at her family home with parents, etc.

2) Apropos the previous point, Is it possible to get married and not file for AOS immediately? And file when she returns? But if I graduate before she comes back and want to apply for OPT would this cause a problem?

We'd really like to formalise our relationship before she has to go. Any thoughts?

Thanks for your advice!

[Cécy 44]

1) You can ask for a waiver so she doesn't have to fulfill the 2 year requirement.

2)No you don't have to apply right away. However since there is obviously an intent to stay (entering the US without a spouse/fiance visa with the entent to file for AOS is considered a fraud), you would have to file for a spouse visa to bring her back here and then apply to AOS, or use the CR-1/IR-1.

It's up to the two of you to discuss things and decide where you want to live and how soon you with to marry.

[bgk 0]

2)No you don't have to apply right away. However since there is obviously an intent to stay (entering the US without a spouse/fiance visa with the entent to file for AOS is considered a fraud), you would have to file for a spouse visa to bring her back here and then apply to AOS, or use the CR-1/IR-1.

It's up to the two of you to discuss things and decide where you want to live and how soon you with to marry.

Thanks for responding. I think you were a bit confused, maybe I didn't make it clean. I'm the F1, she's the US Citizen. She'd be the one going abroad for work. The intent to stay might be mine. I haven't really decided what to do after I graduate, but obviously we'd like to live together. Either in the US or in the UK (my home country).

[VSfansfans 2]

Hey Guys,

I have a few questions. I'm an F1 student, been here for 2.5 years studying for my PhD. 18 months ago I met a girl and we've been dating since. Things are very serious and we're contemplating marriage, BUT;

1) She has to leave the country and go to Europe for work and could be away for 2 years. I haven't found much information about this kind of scenario, is the AOS request likely to be rejected in this situation? We've got 18 months of photos, love letters, emails, cards, including photos of her in my country and me at her family home with parents, etc.

2) Apropos the previous point, Is it possible to get married and not file for AOS immediately? And file when she returns? But if I graduate before she comes back and want to apply for OPT would this cause a problem?

We'd really like to formalise our relationship before she has to go. Any thoughts?

Thanks for your advice!

Hello,

There is no problem about filing the AOS later. You do not have to file it right away, some people got married and applied for AOS 3 years later! Since she is a US citizen, it doesn't matter for her to leave the country of course, coz you are not trying to make use of her citizenship to let you stay here.

As for the OPT after graduation, I do not think it is a problem, because you are still under F-1 visa, you enter the country, study and want to get work experience in your study field.

So, just keep your original F-1 plans going (continue PhD program, apply for OPT after graduation), and if you both are planning to get married, you can do it now too! It won't affect your F-1 status since you are not applying for AOS. You can still take classes after you got married.

[Cécy 44]

2)No you don't have to apply right away. However since there is obviously an intent to stay (entering the US without a spouse/fiance visa with the entent to file for AOS is considered a fraud), you would have to file for a spouse visa to bring her back here and then apply to AOS, or use the CR-1/IR-1.

It's up to the two of you to discuss things and decide where you want to live and how soon you with to marry.

Thanks for responding. I think you were a bit confused, maybe I didn't make it clean. I'm the F1, she's the US Citizen. She'd be the one going abroad for work. The intent to stay might be mine. I haven't really decided what to do after I graduate, but obviously we'd like to live together. Either in the US or in the UK (my home country).

Oops, sorry for the confusion.

Of course if she is the USC and wishes to go abroad it's not a legal issue.

You might have to explain a few things when you file though because they might be a bit suscpisious if you get married and don't live together for a while, but as long as you have a valid explanation you know...