Should I leave the country

[Luckygoat 2]

I have a dilemma

My family is having a reunion at the end of the month and I want to leave to attend but I planned on sending in my AOS application at the beginning of Feburary and I was told you should wait 30-60 days after your last entry into the U.S to aviod it looking like you enter just to adjust status, which is why I didnt leave for the Christmas.

I am here on a student visa, been living here for 2 years now and my school starts on Monday so if I leave at the end of the month, I would have to return even if I wasnt adjusting my status. I know I can't leave after I send in the application, so should I just go and send it in when I return or should I just cancel the trip.

[RebeccaAndPhil 5]

I have a dilemma

My family is having a reunion at the end of the month and I want to leave to attend but I planned on sending in my AOS application at the beginning of Feburary and I was told you should wait 30-60 days after your last entry into the U.S to aviod it looking like you enter just to adjust status, which is why I didnt leave for the Christmas.

I am here on a student visa, been living here for 2 years now and my school starts on Monday so if I leave at the end of the month, I would have to return even if I wasnt adjusting my status. I know I can't leave after I send in the application, so should I just go and send it in when I return or should I just cancel the trip.

If you MUST leave then you definitely shouldn't send in the AOS yet since once USCIS receives it you are of a pending status. If you leave the country while in pending status, your application will be considered surrendered. I'm not very familiar with student visas but I'm guessing you already know that you could return with no problem while on your visa? If that's the case then it's really up to you. Wait until next month to file though if you do go. Also, are you filing form I-131/AP with your AOS? This will allow you to leave once you receive it (about 60-90 days) while they process your AOS in case this problem were to rise again.

[Luckygoat 2]

If you MUST leave then you definitely shouldn't send in the AOS yet since once USCIS receives it you are of a pending status. If you leave the country while in pending status, your application will be considered surrendered. I'm not very familiar with student visas but I'm guessing you already know that you could return with no problem while on your visa? If that's the case then it's really up to you. Wait until next month to file though if you do go. Also, are you filing form I-131/AP with your AOS? This will allow you to leave once you receive it (about 60-90 days) while they process your AOS in case this problem were to rise again.

Yeah, I stated that I am aware that I cant leave after I send in the application. And yes I will be sending in a AP with my application but I want to leave at the end of the month so its impossible to recieve that before before I go, since i havent even sent in my application as yet. I really don;t want to wait another 60-90 days because this had happen already back in november when I had to go home for a trip and waited 90days to send my application. I guess I would just have to cancel.

[Bobby+Umit 161]

I have a dilemma

My family is having a reunion at the end of the month and I want to leave to attend but I planned on sending in my AOS application at the beginning of Feburary and I was told you should wait 30-60 days after your last entry into the U.S to aviod it looking like you enter just to adjust status, which is why I didnt leave for the Christmas.

I am here on a student visa, been living here for 2 years now and my school starts on Monday so if I leave at the end of the month, I would have to return even if I wasnt adjusting my status. I know I can't leave after I send in the application, so should I just go and send it in when I return or should I just cancel the trip.

The 30-60 rule is what Lawyers tell people, but there is nothing written in the USCIS rules regarding this. If your eligible for AOS, then your eligible. (of course the burden of proof is on you)

If your here on a student visa, and have been on it for 2 years, and just became married to an USC, you have met the criteria to AOS.

However, now that you are married, I would recommend you apply for AOS now, and you can then ask for an emergency AP to travel. (they may give it to you)

Because what happens if they ask upon your re-entry to the US if your married (after travelling without the AP/AOS)? What would your response be?

Your choice.

[justashooter 430]

you are already married. if you leave now and return on F1 any subsequent attempt to adjust could make your entry on F1 appear to be visa fraud. it will be visa fraud if you enter on F1 with the knowledge that you will be adjusting after entry. any half decent immigration official will see that you were married before returning on the F1 and can legally rule your entry as unlawful and fraudulent. you are in a difficult situation, and should apply for AOS/AP immediately and just wait it out.

a family reunion is not worth the risk of a lifetime ban for fraudulent use of the F1.

[Luckygoat 2]

you are already married. if you leave now and return on F1 any subsequent attempt to adjust could make your entry on F1 appear to be visa fraud. it will be visa fraud if you enter on F1 with the knowledge that you will be adjusting after entry. any half decent immigration official will see that you were married before returning on the F1 and can legally rule your entry as unlawful and fraudulent. you are in a difficult situation, and should apply for AOS/AP immediately and just wait it out.

a family reunion is not worth the risk of a lifetime ban for fraudulent use of the F1.

Oh wow, I wasnt even thinking along the lines of Officers asking me if I am married unpon reutrning. I mean I do have to return for school even if I was AOS but I guess it would be fraud considering I do intend on adjusting in Feb, hence that is not the mean reason I will be coming back to America. But I guess your right, I wouldn't complicate things by leaving.

The 30-60 rule is what Lawyers tell people, but there is nothing written in the USCIS rules regarding this. If your eligible for AOS, then your eligible. (of course the burden of proof is on you)

If your here on a student visa, and have been on it for 2 years, and just became married to an USC, you have met the criteria to AOS.

However, now that you are married, I would recommend you apply for AOS now, and you can then ask for an emergency AP to travel. (they may give it to you)

Because what happens if they ask upon your re-entry to the US if your married (after travelling without the AP/AOS)? What would your response be?

Your choice.

Thanks for the response. I wouldn't bother complicating things. I will just stay. But it would have been the perfect opp for my wife to meet my family

[HeatDeath 430]

Yeah. Apply for AOS and then schedule an InfoPass appointment and ask for an emergency AP. IT might work. Worst thing they'll say is "No, that's not an emergency." Requesting an emergency AP, even if it's denied, shouldn't effect your AOS in any way.

[justashooter 430]

Oh wow, I wasnt even thinking along the lines of Officers asking me if I am married unpon reutrning. I mean I do have to return for school even if I was AOS but I guess it would be fraud considering I do intend on adjusting in Feb, hence that is not the mean reason I will be coming back to America. But I guess your right, I wouldn't complicate things by leaving.

it's not the re-entry that is critical. it the adjustment process you would have to worry about. you could prolly get back in without mentioning that you are married, but this will all come out in the adjustment process.

you might get away with it, but it's a possible lifetime ban that is not worth risking.