Stressing over processing time!

[christeen 966]

No, not really since you have been here, and did not enter with the intent to immigrate, it is conceivable that you have decided that you want to marry and stay with your spouse... Overstays are generally forgiven when you AOS as long as you entered legally. I vote to Do the courthouse thing now, then the big wedding/celebration in may with everyone stress free!

[Alaska2012 462]

If I'm allowed to do the court wedding and then AOS, it's definitely something I'd consider.

Won't the USCIS be suspicious though, since my visa just expired?

Nah, a lot of people do court weddings. Just make sure you got lots of evidence that ur relationship is real.

[loveispatient31 0]

My suggestion is for you to go back to Sweden now, come back to the US in a month or two since you do not need a tourist visa, get married and filed the I-485 and I-130. It will eliminate that "suspicious intent" if you get married now since your student visa is already expired which technically makes you out-of-status now. You can do a civil marriage first and then have your fantasy wedding in May next year.

[Anna Grant 169]

My suggestion is for you to go back to Sweden now, come back to the US in a month or two since you do not need a tourist visa, get married and filed the I-485 and I-130. It will eliminate that "suspicious intent" if you get married now since your student visa is already expired which technically makes you out-of-status now. You can do a civil marriage first and then have your fantasy wedding in May next year.

I probably wouldn't recommend this.

Currently, if they marry now they are not breaking any immigration law. She entered the US on a student visa with no intent to marry.

If she leaves and then returns with the intent to marry AND AOS from within the US, it may be considered visa fraud.

My vote goes for marry now and then AOS.

I entered the US yesterday on my K1 visa and we submitted our petition on July 20 2012 - so just over 11 months ago. We will marry in 12 July, so just under a year.

Edited June 28, 2013 by Anna Grant

[christeen 966]

I probably wouldn't recommend this.

Currently, if they marry now they are not breaking any immigration law. She entered the US on a student visa with no intent to marry.

If she leaves and then returns with the intent to marry AND AOS from within the US, it may be considered visa fraud.

My vote goes for marry now and then AOS.

I entered the US yesterday on my K1 visa and we submitted our petition on July 20 2012 - so just over 11 months ago. We will marry in 12 July, so just under a year.

I concur... Marry now, AOS (you are not committing any fraud and Shou,d be fine showing evidence of an ongoing relationship) then, have the big shindig celebration in may...

[Andrea&Henry 311]

Of course I'd be mad. I'm mad that I have to stress about my wedding in the first place! And leave it up to some immigration people.

It's just hard for me to grasp that applying in July is too late when the wedding is in May.. It's over 10 months. That's not so different from a year.

welcome to immigration process dear. Waiting for the 1st approval take up to 7 month and you still need to wait for an interview appointment which can take a while to be set. The smartest thing you can do is get marry now (small courthouse wed) apply for AoS (green card) and then have a big o wedding on May as you planned. It doesn't matter if your student visa is about to expired cause you will be adjusting base on marriage. Besides, you didnt enter here ilegally or with intention of getting married. Tons of people adjust from student and working visas

[Andrea&Henry 311]

I probably wouldn't recommend this.

Currently, if they marry now they are not breaking any immigration law. She entered the US on a student visa with no intent to marry.

If she leaves and then returns with the intent to marry AND AOS from within the US, it may be considered visa fraud.

My vote goes for marry now and then AOS.

I entered the US yesterday on my K1 visa and we submitted our petition on July 20 2012 - so just over 11 months ago. We will marry in 12 July, so just under a year.

100000% agree with you

[Andrea&Henry 311]

I entered on april 20, 2012 . Small courthouse wed then a year later I had my big fat venezuelan wedding don't stress out!

[loveispatient31 0]

I probably wouldn't recommend this.

Currently, if they marry now they are not breaking any immigration law. She entered the US on a student visa with no intent to marry.

If she leaves and then returns with the intent to marry AND AOS from within the US, it may be considered visa fraud.

My vote goes for marry now and then AOS.

I entered the US yesterday on my K1 visa and we submitted our petition on July 20 2012 - so just over 11 months ago. We will marry in 12 July, so just under a year.

Yes, I agree that getting married now and file for AOS should be the best solution.

My recommendation was an alternative based on the OP's concern about being "suspicious" that she's only filing the AOS now that her student visa is already expired and not doing it while her visa was still valid. I think it is a legitimate concern.

It's really up to the OP as to which path is most suitable for her; whether she wants to remain in the US or return home and wait for the entire process.

Several factors such as fees and flexibility to travel should also be considered into making a decision. The I-485 or AOS is $1070 and if you decide to stay in the US and file for AOS and I-130, you are unable to come back into the US if you leave the country unless you apply for a I-131, a re-entry permit while I-130 is being processed, prior to leaving and that costs about $450.

[Harpa Timsah 13,258]

Yes, I agree that getting married now and file for AOS should be the best solution.

My recommendation was an alternative based on the OP's concern about being "suspicious" that she's only filing the AOS now that her student visa is already expired and not doing it while her visa was still valid. I think it is a legitimate concern.

It's really up to the OP as to which path is most suitable for her; whether she wants to remain in the US or return home and wait for the entire process.

Several factors such as fees and flexibility to travel should also be considered into making a decision. The I-485 or AOS is $1070 and if you decide to stay in the US and file for AOS and I-130, you are unable to come back into the US if you leave the country unless you apply for a I-131, a re-entry permit while I-130 is being processed, prior to leaving and that costs about $450.

Your plan was a nice idea, but it is actually illegal. It is illegal to enter the US on a non-immigrant visa with the intent to immigrate. If she wants to file a concurrent AOS, this is the only time she can do it. The I-131 is free, not $450. She will have to pay for the I-130, though.

[Shenzhen 34]

No you can get married and stay here if you like then do the AOS after you are married. There are many forums here you have to browse around. Sounds like you want to go back home.

I would do a courthouse wedding and AOS before you leave. Just my opinion no experience in this arena. Many other's have much more correct info.

[LizaG 0]

And the Green card processing time is shorter than the fiancé visa one?

Yes, I miss my family a lot but want to do what makes the most sense. And they can always come and visit me I suppose.

And I'm sure they will understand eventually.

[stevie b 141]

And the Green card processing time is shorter than the fiancé visa one?

Yes, I miss my family a lot but want to do what makes the most sense. And they can always come and visit me I suppose.

And I'm sure they will understand eventually.

either route is an adjustment of status.. they will take the same amount of time.. it is the same document.. I think it's running six months right now to get a green card after aos

[KayDeeCee 4,896]

And the Green card processing time is shorter than the fiancé visa one?

Yes, I miss my family a lot but want to do what makes the most sense. And they can always come and visit me I suppose.

And I'm sure they will understand eventually.

You will also apply for the EAD(employment authorization) and AP(re-entry to US when traveling) at the same time. The fees for those forms are waived when filing with the I-485 for adjustment. It takes about 2-3 months from filing to receive those and they will allow you to work and travel(re-enter) while waiting for the green card approval. http://www.visajourney.com/content/i130guide2

I am going to go ahead and move this topic since it is mostly focused on the process of adjusting status while in the country on a student visa and not so much about the K-1 process.

[christeen 966]

Basically, you can travel home after about 90 days when Advance Parole (AP) is issued... While you wait for the green card...