AOS w/out K1 or K3 visa

[MrsAmera 41]

Hi all - I'm posting this for a friend and am trying to figure out what her best options are. So my friend married a man while he was here on a J-(Something) visa from Egypt. The visa allows him to work or study for a 5 year period but everytime he goes back to Egypt and wants to return to the US he has to re-file for admittance. So he has the visa but must have to let them know he's coming? SO..they got married when he was here. However, he wants to go back to Egypt in September to finish school (one more year). So I guess my question is should they file AOS as soon as they can and will he be allowed to go out and come back? Or if he leaves is there no way for him to come back without doing a CR-1/K3? They didn't get married in Egypt they got married in the US.

Sorry if this is hard to understand I'm trying to present all the facts I have and give her the best idea of what to expect! Thanks!

[Bosco 1]

Someone in the AOS forum may better be able to answer your question. Hope you get your answer.

Rebecca

[UmmSqueakster 54]

Although I am not 100% sure (check in the AOS forum, as Rebecca mentioned for better results), I'm inclined to say that as long as his intention in coming to the US on the J visa wasn't to get married, but that the marriage just kinda "happened," he is allowed to adjust.

He would need to file an AP with the AOS/EAD applications. An Advanced Parole would allow him to leave the country, although I'm not sure how long he could be away. Plus, if he goes in September and they file now, he would probably miss his AOS interview, since those take 6+ months to schedule.