Is it better and legal to do AOS from tourist or file CR1 in the Philippines after marrying? Need advice

[ann3dr3ams 0]

Hello,
I need advice on whether we should do the Adjustment of Status from a tourist visa or not.

Anyway I'm from the Philippines and I'm a medical intern there. My boyfriend of 4 years (US Citizen) and I (Filipino citizen) recently graduated a Philippine medical school this April. He doesn't need to do the one year internship in the Philippines so he went back to the US. The original plan I had with my boyfriend back then was to spend that one year apart. He was going to study for his board exams and I was going to work in a government hospital just 1 week after graduation. Technically no leave of absences are allowed at this internship and we have to work 7 days a week. We don't get holidays and we don't get weekend breaks. I say technically because, you can try to work it out with your co-interns and if you can fix a schedule with them then you can take a leave. Knowing that I wouldn't be able to take care of him during his exams combined with this work scenario, it started to take a toll on me.

I left my internship to visit my boyfriend so I could be with him for his exams. The secretary at the hospital said, she can't do anything I'd have to file a letter stating my intent. We tried to pass it off as a leave of absence but it still sounded like I was quitting. She did say that if I come back in time for October I could re-file my application to the hospital and be an Octoberian or a midyear postgrad intern as they call it. My ticket was coming back on November though so she said she'd try to do something about it but she can't promise anything. I informed the national office in charge of all medical interns that I was taking a leave. They said as far as they are concerned I started the same as other people. No matter how many breaks I take, as long as the hospital allows it, as long as I finish 12 months that's ok with them. So the plan now was to go to the US. Support my boyfriend. Come back even if it's late and continue my internship. I have a return trip ticket already.

At the border control, they flagged me for secondary inspection because I was in the US from May 30 to November 30 2013, then the Philippines December 2 to May 14, and now I have May 14-Nov 14. I declared my self as a student still because in the Philippines we are still considered student doctors under a hospital now and not under a university. They questioned how I was able to travel so much if I were a student doctor. (Just to explain: The trip last year was actually me as a student doctor visiting hospitals and clinics that my school accepted as clinical training. The hospital overseeing this said that the student visa isn't necessary because I wouldn't be enrolled in any US school and they are not sending an exchange student to the Philippines. They also said that it shoudn't be a work visa because they won't be paying me. So a B1/B2 is acceptable they said.) They gave me a hard time because I said I was just visiting for pleasure. Then they made me admit I had a boyfriend in America. As soon as I said that they let me through still with 6 months validity. They didn't make me sign anything. They did bring me in to inspect my bags but they didn't find anything other than my medication.

After all that has happened, just a few days ago, he proposed to me and we plan to have a civil marriage this August or September. Some people have advised that I should go back home and fix the paper work and some people have advised that as long as I submit my papers for adjustment of status before November it should be fine. It seems like all other visas aside from DCF and AOS will put my work life on hold for quite a bit. While the 1-2 years isn't really that long for others, if my end goal is to have a family here and to work here, hospitals aren't going to wait that long for me unless I'm doing something in the medical field. For some reason (it's too long to talk about but...), anything extra training I do outside the USA doesn't look good for my CV resume. I want to know if applying for that AOS is legal given my circumstances or is it still too risky.

[Boiler 45,735]

No problem.

[Leatherneck 693]

Based on your situation as stated, you did not enter the U.S. with plans to marry then AOS -- you're ok.

Congrats on the engagement!

[christeen 966]

I would stay and AOS ... As long as you entered without intent to AOS, not problem...

[Boiler 45,735]

I would stay and AOS ... As long as you entered without intent to AOS, not problem...

She said she did.

And she is here so intent is no longer an issue anyway.

[ann3dr3ams 0]

Hey everyone! Thanks for the replies. It really makes me feel better.

[ann3dr3ams 0]

Can someone also give me advice on which forms to submit or point me to which thread has a step by step guide on what to do for AOS? Thank you so much

[f&c 50]

http://www.visajourney.com/content/i130guide2