R1 visa to green card through marriage

[jonrowsell 0]

I'm a UK citizen currently working in the US legally on an R1 visa. I'm engaged to a US citizen, and from what I understand it's fairly easy to obtain an AOS and a green card through the I-130 and other forms. We're planning to get married and live here in the US.

We want to go back to England shortly before we get married to see my family and friends that may not be able to make it to the wedding, but my question is this - will leaving the country for a week and then reentering on my R1 visa that close to getting married be an issue? My job is still valid here, and I will continue to be employed by the church. We'd likely arrive back in the US a week before our wedding here. Will that cause any issues with applying for AOS and a green card?

[Harpa Timsah 13,258]

It is illegal to enter the US on a non-immigrant visa with immigrant intent, so I would postpone the trip. I know you have been here for a while, but you could be denied entry with a plan to basically immediately marry and file AOS. Best of luck.

[Anh map 2,098]

One can never predict what the CBP officers may do. The above poster gave you the worst case scenario, which is always wise to consider. Putting the trip off a few months until the green card is in hand would be the safest choice.

As your intent (based on what you've posted) when obtaining the visa, or returning from a visit home, was/is not to use it as a way to enter the US so that you could marry and adjust status, you should be ok. You're taking a vacation from work with your bf/gf going to see the family. Seems like a normal thing to do. I would probably not be gushing about the upcoming wedding if there is a conversation with the CBP office just in case you've come across an officer having a lousy day.

Could there be a snag? Yes. Intent is the catchall in the immigration code. Hundreds/thousands of folks come to the US on tourist visas and decide to marry. VJ is full of those stories. It all comes down to your risk tolerance.