How does this scenario sound?

[v333k 59]

A friend of mine is planning on getting married, and he is going to apply for AOS for his future wife.

He was asking me about AOS since I've been through it, but I had a little different circumstances.

He asked me the following questions and I wasn't sure what to tell him, so I thought where else to go but to my favorite forum.

1) He is planning on getting married, and his future wife is planning on going to visit her home country for a month after the wedding. Should they apply for AOS before she leaves or after she comes back? She is in the US on a F-1 student visa.

2) How does this affect her visa if she applies for AOS before leaving to her home country for a visit?

3) They are going to get married a few months before she graduates from college, but he is worried that USCIS will think they got married because of status in the US - I told him it doesn't matter but can you share your thoughts?

Thanks in advance!

[VanessaTony 3,567]

A friend of mine is planning on getting married, and he is going to apply for AOS for his future wife.

He was asking me about AOS since I've been through it, but I had a little different circumstances.

He asked me the following questions and I wasn't sure what to tell him, so I thought where else to go but to my favorite forum.

1) He is planning on getting married, and his future wife is planning on going to visit her home country for a month after the wedding. Should they apply for AOS before she leaves or after she comes back? She is in the US on a F-1 student visa. If she still HAS the F-1 visa after the wedding, and is still continuing school (after the month visit home), then she can AOS from her F1 visa once she arrives back in the US to continue school. If she enters on a visitors visa she runs the risk of being denied at entry due to her intention to immigrate. For this reason, given your Q3, I would AOS BEFORE she leaves to visit her family and ASAP after marriage.

2) How does this affect her visa if she applies for AOS before leaving to her home country for a visit? It affects her F1 visa from changing her from an F1 student, to a "spouse of a USC". Her F1 visa will not be required anymore as she is studying as a LPR.

Also, I think it would be best to AOS BEFORE she leaves to visit home BUT she will need to wait until she has her greencard, or she should apply for AP at the same time so she can re-enter (this is free at the time of AOS). Leaving before AOS is complete (without an AP document) she is considered to have abandoned her AOS petition and will likely be denied entry at the border.

3) They are going to get married a few months before she graduates from college, but he is worried that USCIS will think they got married because of status in the US - I told him it doesn't matter but can you share your thoughts? Oooo it doesn't matter when she gets married because it's obvious that she entered the US to STUDY and not to immigrate. No issue there. What matters though is a "bonafide relationship". Start getting evidence now. They will expect co-mingling of assetts. Living together, joint banks records, phone account in both names, lease and bills in both names... stuff like that. Wedding photos

Thanks in advance!

Hope that helps.

Edited January 25, 2010 by Vanessa&Tony

[sachinky 465]

How long is her F-1 valid till--rather her I-20--how long is it valid for? The dates over here are important. I-20s are usually dated till the graduation date. Once her I-20 expires and if she is out of the country, she won't be let back in. Unless she has an OPT EAD and a job letter.

If she does file for AOS before leaving, she needs to wait till she has the AP in hand. Otherwise her application is considered to be abandoned.

I'd suggest filing ASAP after marriage and having the AP in hand before leaving.

But if her I-20 is valid for many more months, then she can leave, come back, get married and file for AOS.

Bolster the bonafide relationship/marriage evidence.

By all means go for a AOS, rather than a CR-1. I regret my decision daily.

Edited January 25, 2010 by sachinky

[v333k 59]

How long is her F-1 valid till--rather her I-20--how long is it valid for? The dates over here are important. I-20s are usually dated till the graduation date. Once her I-20 expires and if she is out of the country, she won't be let back in. Unless she has an OPT EAD and a job letter.

If she does file for AOS before leaving, she needs to wait till she has the AP in hand. Otherwise her application is considered to be abandoned.

I'd suggest filing ASAP after marriage and having the AP in hand before leaving.

But if her I-20 is valid for many more months, then she can leave, come back, get married and file for AOS.

Bolster the bonafide relationship/marriage evidence.

By all means go for a AOS, rather than a CR-1. I regret my decision daily.

Thanks!

So once they apply for AOS, her F-1 visa is no longer valid?

What if they get married before she leaves but don't apply for AOS until after she returns?

Edited January 25, 2010 by v333k

[FortLaudy 10]

Thanks!

So once they apply for AOS, her F-1 visa is no longer valid?

What if they get married before she leaves but don't apply for AOS until after she returns?

We had this exact problem. We were engaged and wanted to travel together to visit my family. As we were excitedly telling friend, we were strongly advised not to travel outside of the USA together as we were engaged and I was on a non-immigrant visa, and would have run the risk of not being allowed back in to continue college as it was clear I was engaged to a USC and had immigrant intent on entering on a non-immigrant visa - Illegal. So we HAD to basically get married and file AOS before being able to leave. So we had our wedding in the local courthouse and planning on doing the proper wedding when we're able to have all our family together later on. The Advanced Parole is useless, we got it only a few days ago and our interview is tomorrow and we want to leave next month. Unfortunately they make it so hard with this immigrant intent problem that you're forced to get married way before you're ready, just to ensure you won't be seperated for long periods of time.

[VanessaTony 3,567]

Thanks!

So once they apply for AOS, her F-1 visa is no longer valid?

What if they get married before she leaves but don't apply for AOS until after she returns?

Please read post 2, it answers your questions.

If she doesn't AOS till she returns from visiting home she may be denied at the border as a USC spouse she has "intent to immigrate" and this is illegal. Currently she has entered the US legally as a "student". Entering again, AFTER her marriage will cancel out (not literally but in the minds of the people deciding whether to let her in) the "student" part because she's an "intending immigrant" who's coming to study and stay. She MUST AOS and wait for AP before leaving. She's looking at around 3 months from application, sometimes sooner.

[v333k 59]

Thanks everyone! I will inform my friend with your answers and suggestions.

[sachinky 465]

The problem is that being married/engaged to a USC automatically means you have immigrant intent. So reentering on a F-1 which is a non-immigrant visa (without AP/AOS) can be problem since you now have dual intent.

Once she files for AOS, her legal status in the U.S. is AOS Pending, no longer an F-1. Once her AOS is approved, she will be a LPR.

Hope this helps.