Adjustment of Status - F1 visa

[tika91 0]

Hi guys, 

 

I have an EAD card that was issued thought my school and it will expire on April 2019. 

My fiance and I are planning on getting married soon (by November) but we have a trip booked to Brazil for Christmas. Can I apply for the Adjustment of Status before going on the trip or do I need to stay in the US even though I have the EAD card? 

 

Thanks. 

[geowrian 22,337]

You can marry and file for AOS before the trip. However, your AOS application will be deemed abandoned and you very likely won't be re-admitted if you exit without AP. AP is taking ~4-6 months to obtain now.

You cannot exit for the trip then re-enter with intent to file for AOS.

Edited October 12, 2018 by geowrian

[tika91 0]

Thanks for the reply. 

So the right thing to do is to file for AOS after coming back to the US? 

[Boiler 45,535]

Leaving is not the issue, you need AP to get back in.

Just now, tika91 said:

Thanks for the reply. 

So the right thing to do is to file for AOS after coming back to the US? 

F1 is a non immigrant visa so not an option.

[Ben&Zian 4,398]

Just now, tika91 said:

Thanks for the reply. 

So the right thing to do is to file for AOS after coming back to the US? 

 

Even this can be deemed fraud as you are, again re-entering the US knowingly to AOS.

 

Just marry, file for AOS, then stay put. A lot of us don't go travel until process is done regardless how long it takes.

[geowrian 22,337]

2 minutes ago, tika91 said:

Thanks for the reply. 

So the right thing to do is to file for AOS after coming back to the US? 

Per my previous comment, you cannot exit and then re-enter with intent to AOS. Your option is to file for AOS now (almost certainly not having AP in time for Christmas) or to complete an immigrant (or K-1) visa process abroad.