M-1 student marrying US citizen

[LizaG 0]

I'm on a M-1 student visa that expires on June 17th. Me and my fiance plan to have a civil ceremony (court) on May 3rd. I know that it's recommended to file for AOS as soon as we are married and also get the GC process going, but my question is: is it safe for me to leave the US when my student visa has expired (as I planned on before) or should I stick around for the sake of the AOS process? The plan was to visit my family over the summer in my home country. I need to find out faily soon as it is April already. Would love some advice on this. I've read guides but not exactly sure how it applies to my situation. Thank you guys.

Edited April 3, 2013 by LizaG

[a+j 77]

If you leave the country while your AOS is in process and you haven't obtained an Advance Parole prior to leaving, your AOS will be considered abandoned an you'll have to obtain a spousal visa to be allowed back in the US (~1 year wait).

[oohpartiv 484]

Also, if you leave the country before applying to AOS with the intent to return to the States at the end of the summer, it's quite possible that the POE officer won't let you enter, seeing as how it's illegal to enter the States on a tourist visa with intent to adjust status. Basically your choices are: stay from the time you get married until after you finish AOS, or leave this summer and stay in your country to apply for the CR-1 visa, which would take around a year to complete.

[LizaG 0]

That's what I suspected. So it would be legal for me to stay in the US even when my student visa has expired while we are waiting? What NOA do I have to receive before I'm legally allowed to leave the country?

Edited April 3, 2013 by LizaG

[oohpartiv 484]

That's what I suspected. So it would be legal for me to stay in the US even when my student visa has expired while we are waiting? What NOA do I have to receive before I'm legally allowed to leave the country?

As long as you've submitted your AOS paperwork before the student visa expires, it should be okay. Unfortunately, it isn't a matter of NOA1 or anything - you won't be able to leave the country until the AOS process is complete and you have your green card in your hand.

[LizaG 0]

As long as you've submitted your AOS paperwork before the student visa expires, it should be okay. Unfortunately, it isn't a matter of NOA1 or anything - you won't be able to leave the country until the AOS process is complete and you have your green card in your hand.

So what would be my official status while remaining in the US after my visa has expired, while waiting for the GC?

[oohpartiv 484]

I'm not sure if there's any official title you'd have. If you have any super specific questions about AOS, you can head over to the subforum here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/ Those folks have actually gone through the process, so they can probably be more helpful.

[Darnell 8,479]

If you leave the country while your AOS is in process and you haven't obtained an Advance Parole prior to leaving, your AOS will be considered abandoned an you'll have to obtain a spousal visa to be allowed back in the US (~1 year wait).

Exactamundo !

So what would be my official status while remaining in the US after my visa has expired, while waiting for the GC?

You mean, after filing the massively thick AOS package referenced at http://www.visajourney.com/content/i130guide2 ???

Please read that, study the forms and instructions, and you can find the answer. It's in there, I swear !

[LizaG 0]

Just paranoid that someone will come knocking on my door telling me to pack my bags and leave because my visa has expired and I'm still here

Edited April 3, 2013 by LizaG

[Darnell 8,479]

sometimes paranoia is the #1 reason for reading.

othertimes, it's the #1 reason for writing.

Just saying..

[newacct 688]

As long as you've submitted your AOS paperwork before the student visa expires, it should be okay.

Even if you do it after the student status (note: not visa, that's just for entering; the status is what's important) expires and after your grace period expires, it should still be okay, as you are applying as the spouse of a U.S. citizen.

So what would be my official status while remaining in the US after my visa has expired, while waiting for the GC?

We just call it "I-485 pending" or "AOS pending" around here.

[Kathryn41 3,205]

Topic has been moved from CR-1 forum to AOS from a Work, Student & Tourist Visa as the OP is already in the US and will be applying to adjust status from a student visa

[Harpa Timsah 13,258]

Once your package is accepted for initial review, then you will begin a NEW period of authorized stay.

You can only travel once you have obtained special travel permission, called Advance Parole. That will take 3 months to get.

You will not be visiting your family for the summer if you go this route.

Alternatively, you can leave, then chase after a spousal visa. You will be coming back to the US sometime next year.

So, the choice is, stay now and forget your vacation, or do the vacation and come back to the US next year (the spousal visa takes a long time).

Good luck.

[Alaska2012 462]

File everything and then just sit tight, don't go back to Sverige until everything is over and done with!