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Filed: F-1 Visa Country: Guatemala
Timeline
Posted

Ok, so if we don't start the process until after our honeymoon, can we leave the country on a cruise for our honeymoon after we're married?

Someone told my mom that we're not allowed to leave the country at all after we're married until he has his Green Card. (She also told her a lot of other things that were total bull, so I don't know what's true or not from her.)

The cruise we were hoping to go on leave and return from the same port, and I know that the regulations are different for USC's, but I'm not sure about him. Anyone know the deal with international cruises? Its through the caribbean, so its not to Europe or anything too far.

Seeking eventual AOS from F-1 visa for my fiance.

12/26/09 Met him in Guatemala

5/22/10 Returned to Guatemala

6/19/10 Became a couple

7/22/10 F-1 Visa interview approval!

8/6/10 Return to USA together

8/8/11 ENGAGED!

Posted

An F- 1 is a non-immigrant visa, and it is illegal to use a non-immigrant visa to come to the US to immigrate. While your fiance has a valid student visa, it is generally not recommended to take an international honeymoon and use the F-1 visa to come back and file AOS. People do this, but there is a chance he could be denied at the border because now he has clear immigrant intent and is traveling with his wife with the purpose of getting a GC.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: F-1 Visa Country: Guatemala
Timeline
Posted

Thanks Harpa!

Not what I wanted to hear, but I'm definitely glad I know this now instead of at the border.

Well crud, time for a Plan B.

Seeking eventual AOS from F-1 visa for my fiance.

12/26/09 Met him in Guatemala

5/22/10 Returned to Guatemala

6/19/10 Became a couple

7/22/10 F-1 Visa interview approval!

8/6/10 Return to USA together

8/8/11 ENGAGED!

Posted

Agree with Harpa. Though it is possible that you could return from the cruise without any issues, there's also a chance that you'd be questioned more upon return and he would not be allowed back in because of the fairly obvious intent to immigrate. If that happened, your only option would be to take the CR-1 route, which would mean him waiting the visa process out in Guatemala - and the average processing time for CR-1 is around 9 months.

A much safer way is to marry, file the AOS paperwork as soon as possible and wait until you get him the AP before planning any international travel.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Posted

When I took a Caribbean cruise departing and arriving at the same US port, all non-USC were required to go to a mandatory Customs Inspection on board ship. They looked at our passports and we had to answer similar questions to what would be asked an the airport.

As to your particular situation, I am not sure if they would let him back in with his F1 visa or not and I personally would not want to chance it.

Filed: K-3 Visa Country: Colombia
Timeline
Posted

first of all when you arrive at check at the termanal, you are ask for all you paper passport permanent resident card, if you don't have it thay won't let you board the ship, and if you did board the ship when it arrives back in port everybody must go through customs, your going to have problems, i would not chance it.

Posted (edited)

Ok, so if we don't start the process until after our honeymoon, can we leave the country on a cruise for our honeymoon after we're married?

Someone told my mom that we're not allowed to leave the country at all after we're married until he has his Green Card. (She also told her a lot of other things that were total bull, so I don't know what's true or not from her.)

The cruise we were hoping to go on leave and return from the same port, and I know that the regulations are different for USC's, but I'm not sure about him. Anyone know the deal with international cruises? Its through the caribbean, so its not to Europe or anything too far.

Assuming you are in AOS, you don't have F-1 anymore. If you have not started AOS, you need to do it asap. I'd not leave on a F-1, being married that is; and if you are in AOS you should no leave until you have green card in hand or advance parole documents, otherwise is considered that the application has been abandoned.

Hope this helps

Edited by Gosia & Tito
Posted

For the record, as long as he is not out of status, he doesn't need to wait for a green card before he leaves, he needs to wait for his Advanced Parole paperwork to come through (about 2 months after filing).

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 
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