AOS - Need Advise

[dhs 0]

Hello Everyone,

Good Evening! I need your suggestion on which approach to take -

I am US Citizen and my fiance has H1 visa which expires in Oct 2011. We will be getting married in July outside of US, and would like to travel from June 1st to July 25th.

We have 2 options:

Travel on her H1 visa & apply for AOS after we come back in July. We are concerned that having Oct 2011 expiration might cause problem at the port of entry. Plus we like to travel to Europe on our way back.

OR

Get married legally in Feb 2011 (in US), apply for AOS, EAD, & Advance Parole. We are concerned that we might be cutting too close to the interview date. This may not be a problem if we have an option to extend an interview date (any idea?).

Please let me know if you need clarification on this matter. Thank you in advance!

[Kathryn41 3,205]

Topic moved from AOS from family visa to AOS from Work, Student & Tourist Visa forum as the more appropriate location for this discussion.

[juliava 80]

I don't see any issues with option no 1. The visa would still be valid when she returns, almost 3 more months. Maybe other users would find something negative here, as I can't.

I would say Option 2 is a matter of processing times and luck. You should be able to get AP before June but I wouldn't try to reschedule an AOS interview though.

Now...what would I choose?

If I were you I would go with option 2, but I would not make any traveling plans until I get my GC.

[missaero 7]

H1-B is one of the few visas that have dual intent, so I don't see a problem with applying from AOS right when you come back from your marriage and vacation. I would however, make sure you have everything ready to be mailed when you would come back.