OPT AOS and travelling question

[jordanfish19988 0]

Hi all. I met my Fiance (US Citizen) over 2 years ago while I was a student studying on F1. We got engaged a year after. About 3 months ago both of us traveled internationally and I re entered to complete my OPT ( which expires in 6 months). We had not set a date or planned on getting married immediately, and had not even figured out what to do as far as where we will live etc, I also had not met his parents yet (we are same sex). I met his parents last month and we decided we want to get married here in the next 1-2 months. He has to stay here due to the nature of his job so him immigrating to my home country is really not an option.

My question is, are we going to have issues doing AOS because we traveled out of the US and were engaged previously? This was just over 3 months ago. I am petrified about them thinking that I entered just to do AOS. That was not my intention and I had a job to come back to. But I realize this could be looked at differently by them. Again, we have known each other now for over 2 years.

I have just started researching this now, and see there is also an option for a K-1 visa. Do I have to go back home before we can apply for this or can it be processed while I am in the country? I feel so stupid to have traveled previously now as I did not realize that it would cause so many issues, we just had never had any immediate plans to get married or didn't know what we were doing even though we were engaged for almost a year at that time. Reading on here we were even lucky that the CBP did not ask about our relationship and I got back in. Please can someone give me advice, I was considering going to a lawyer as well, but is this really necessary ?

[htfaust 131]

You should have zero issues to adjust status, no need to leave IMHO.

If you have no criminal history, no illegal drug use history, etc, then it's a very straightforward case and you don't need a lawyer at all.

Your determination of having no immigrant intent was already made when you were admitted inside the US, so no worries there.

See the guide to file for AOS: http://www.visajourney.com/content/i130guide2

Have a smooth journey and be happy

[Pitaya 2,577]

~Moved from Fam.-based AOS to What Visa Do I Need Forum~

~Inquiry about family visas~