Do we adjust or file as new?

[adamalv1215 0]

So obviously this entire immigration process is a bit confusing. My fiance and I thought we had figured out what we needed for our situation but now plans have changed and I'm not quite sure what we should do.

 

I am a citizen. I met my fiance while she was here as an undergrad on an F1 student visa. She stayed after graduation on OPT, though that wasn't her original plan, just to be with me. After that, she applied and went to grad school, though that wasn't her original plan, just to be with me. She finished one semester. And just started her second semester a couple weeks ago.

 

We got engaged a few months ago. Our plan was to marry in a courthouse here in May, file her adjustment of status paperwork, and have an actual wedding in her country in August, hoping by then she would at least have her work permit.

 

But plans have changed.

 

It's not fair that she keep doing and paying for school she doesn't want. So she's dropping out, moving back to her country until our wedding in August, and will then return. So we plan on doing the court marriage and filing her immigration paperwork here before she leaves. Either a day or two before she officially drops out, or after when she'd technically be in her visa grace period.

 

So under our new plan, what are we supposed to do...

 

A. Adjust status, since she's still on a valid visa. Though will not be by the time she is actually interviewed or anything? Or...

B. Just file as if she lives outside the US?

[Roel 7,193]

She cannot leave and come  back with the intent to adjust. That's visa fraud. Beside if she leaves school I believe her student visa and status will be voided anyway. 

 

She cannot leave the USA if you get married and filed for adjustment now. If she does her adjustment will be cancelled and she won't be able to return until you file and she receive a spouse visa. (12 to 14 months)

 

Best scenario. Get married now and file AOS.  During the process she cannot leave the USA. She can leave for a short period once she receive AP or green card.  

Edited February 5, 2018 by Roel

[Jo Së 200]

16 minutes ago, Roel said:

During the process she cannot leave the USA.

 

This here, your fiancee will have to remain in the US for the AOS process, which includes biometrics and an interview.

[britishandusa 446]

If you already have a wedding planned in August, wed then and have her go back to her country so you can file for a spousal visa. Having the intent to come over, marry, and then stay is fraud. 

[Ontarkie 14,558]

Marry now, she can quit school and you file for her AOS asap. Then by the time she gets her AP you will be set for your wedding in her home country.