Filing for AOS outside of the US

[LoveUnrestricted 4]

Hello all,

I'm still on my K1 journey, but for planning purposes, I have a question about AOS. Once he has the fiance visa, can my fiance come to the US, marry me and then apply for AOS while abroad? We have a complicated situation since this year I am applying to medical school and wont know where I'll be going until the next summer so there is no point for him to come here to search for a job when I might get accepted in a different state and we'll have to move. But we kinda didn't think that through before submitting the I-129F and we should be getting the NOA2 in the next month or two so we don't want to throw all that waiting away for nothing. So we want to know if it is possible for him to come here on the visa and just marry me and apply for AOS and then all the others like work authorization. And then go back to his country and continue working for his current job (and I'll join him there after my interviews) until I know where I'll be. Does he physically have to be in the US during the process or would this be allowed. Of course, for his address we will put my address.

Thanks

Edited June 15, 2012 by LoveUnrestricted

[Anh map 2,098]

This isn't likely to work. AOS interviews are about showing your lives lived together as a married couple. And being truthful on the forms (Of course, for his address we will put my address ).

Not being truthful at the visa interview (where will you be living in the US?) is also dangerous. So chose your actions carefully. Material misrepresentations can result in a lifetime ban.

Why not slow down the process and delay the interview as long as possible? Then you can have him come closer to time.

Or, marry now, revoke the K1 petition, and file a spouse visa petition (with new fees)? He enters the US with work authorization, no adjustment of status, life is good.

[LoveUnrestricted 4]

Yeah you are right, being untruthful is not a good idea. I was planning to be living with him in France during that time, so we would have proof of starting our life as a married couple only outside of the United States. If I'm abroad (the USC) then there can be an exception right? I would just hate losing the time we put in our K1.

Edited June 16, 2012 by LoveUnrestricted

[grrrrreat 109]

Hello all,

I'm still on my K1 journey, but for planning purposes, I have a question about AOS. Once he has the fiance visa, can my fiance come to the US, marry me and then apply for AOS while abroad? We have a complicated situation since this year I am applying to medical school and wont know where I'll be going until the next summer so there is no point for him to come here to search for a job when I might get accepted in a different state and we'll have to move. But we kinda didn't think that through before submitting the I-129F and we should be getting the NOA2 in the next month or two so we don't want to throw all that waiting away for nothing. So we want to know if it is possible for him to come here on the visa and just marry me and apply for AOS and then all the others like work authorization. And then go back to his country and continue working for his current job (and I'll join him there after my interviews) until I know where I'll be. Does he physically have to be in the US during the process or would this be allowed. Of course, for his address we will put my address.

Thanks

No, he has to be inside the U.S. to apply to adjust status, and once he becomes a lawful permanent resident he has to maintain the U.S. as his permanent residence. In addition, he can't leave the U.S. until he gets advance parole or the adjustment is complete, and he has to be in the U.S. for several steps of the adjustment process. So if he isn't ready to move here permanently, you should delay the K-1 process.

[rocks 494]

If you are approved in August it will take a little longer for your case to go through the NVC and consulate. I agree you could try and delay the interview to give yourself more time. He will have 6 months from the date of issue to enter the country, so that gives you a bit of time too. After you marry and file for AOS it will take 2-3 months for his EAD to be approved before he can work, so that gives you some time too.

Edited June 16, 2012 by rocks