Getting Married Very Soon but my wife to be is traveling very soon

[Paul L 0]

My fiancé and I going to be getting married soon, but we have not yet. We also have no filed any paper work to do an AOS. I wanted to ask a question first.

If we file the i485 and i130 ( i think), and also her work permit papers and travel permit papers.. is she or is she not allowed to travel back home to Romania during the time that the paper work is processing. My to be wife is currently a F-1 visa holder..

Basically on July 22nd 2010 she is traveling back home for a month just to see family. She will be returning in 30 days, and then this Oct 2010 she will also be going back home for only 1-2 weeks for her sister’s wedding. We want to start filing our paper work for AOS a.s.a.p. but I'm not sure if that will not allow her to leave the state whiles the paper work is processing..

can anyone give me some insight on this!!?!?

[Dan J 277]

My fiancé and I going to be getting married soon, but we have not yet. We also have no filed any paper work to do an AOS. I wanted to ask a question first.

If we file the i485 and i130 ( i think), and also her work permit papers and travel permit papers.. is she or is she not allowed to travel back home to Romania during the time that the paper work is processing. My to be wife is currently a F-1 visa holder..

Basically on July 22nd 2010 she is traveling back home for a month just to see family. She will be returning in 30 days, and then this Oct 2010 she will also be going back home for only 1-2 weeks for her sister’s wedding. We want to start filing our paper work for AOS a.s.a.p. but I'm not sure if that will not allow her to leave the state whiles the paper work is processing..

can anyone give me some insight on this!!?!?

She would need the AP document to re-enter while AOS is processing. It will probably take longer than 30 days to receive. You can try to apply for emergency AP, but you need to have AOS filed first.

Being that she is adjusting for F-1 instead of a K visa, she does run the risk of being denied entry anyway even with AP.

She also could not leave and reenter on the F-1 and then adjust status afterwards. Immigration intent would be clear and adjusting status at that point could result in a ban.

[Paul L 0]

She would need the AP document to re-enter while AOS is processing. It will probably take longer than 30 days to receive. You can try to apply for emergency AP, but you need to have AOS filed first.

Being that she is adjusting for F-1 instead of a K visa, she does run the risk of being denied entry anyway even with AP.

She also could not leave and reenter on the F-1 and then adjust status afterwards. Immigration intent would be clear and adjusting status at that point could result in a ban.

We are planning to leave her at the F-1 and not file any AOS until she returns from her visit back home. She hasnt been home in 2 years and she has been here in the US for nearly 6years.

After she gets back from her visit (Aug 22nd 2010) is when we were planning on fileing the AOS to change to a K-1..

[Dan J 277]

We are planning to leave her at the F-1 and not file any AOS until she returns from her visit back home. She hasnt been home in 2 years and she has been here in the US for nearly 6years.

After she gets back from her visit (Aug 22nd 2010) is when we were planning on fileing the AOS to change to a K-1..

You don't file AOS to change to K-1. You file AOS to change to Permanent Resident. F-1 is not an immigration visa, but can be used to adjust status in certain cases. It all comes down to intent on last entry. If the intent on the last entry is to immigrate than filing AOS would be visa fraud and may result in a lifetime ban.

You may want to consider taking the K-1 or CR-1/IR-1 route in this case. She can still visit the US during processing provided she has a valid visa.