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eav123

after marriage adjustment of status question

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Filed: Country: Portugal
Timeline

Hello everyone. We've gone back and forth between what is the best option: Apply for CR-I, K3 or simply get married, and apply for adjustment of status. My fiance (soon to be husband next week!) was going to return to Portugal for the holidays and TRY to return once CR-I was filed (by me--I-130) and "visit"....we'd like our wedding to be this summer...but the timetables and the uncertainty are too much for us to be secure in our plans. The gov could deny his return for whatever reason (customs agent in bad mood), etc. so we're THINKING about having him simply STAY after we're married next week and apply for an adjustment of status. Our marriage was NOT planned...we're just completely in love and want to be together, and want to get the ball rolling on his being able to be here permanently. So...my question: If he stays and applies for his adjustment of status (he doesn't have to leave until Jan 5), will they think this is fishy and deport him or make our lives miserable? We are LEGITIMATELY in love and have decided to marry....

Or....

Should we marry and have him leave to go back to Portugal, and proceed with wedding planning for the summer...have him return in March on a "visitor" visa...with the chance of having a grumpy customs agent who could ruin our wedding plans (Wedding ceremony as we'll already legally be married)...and just HOPE that he'll be able to pass through customs.... (and if that does happen, with the pending CR-I application in process, he'll most likely need to "overstay" his 90 day period...which throws another wrench in the mix--does that affect the application if they find out he's overstayed) UGH.

Need advice!!!

Thank you!!

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You can apply for AOS after you marry. Keep in mind he will not be able to leave the country for a while without abandoning the process and being stuck outside the US. So, if he can wait around for 3 months or so before he travels (or wants to work) then I'd have him stay.

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

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

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