What forms should we fill out if my fiance wants to leave temporary after adjusting status?

[Yehuda 26]

This is my last post 

To summarize. I applied for a K1 visa, it is stuck in limbo. My fiance is here now on a tourist visa. We are waiting until February to marry so the UNCIS doesn't say she intended to use her tourist visa for marriage. She is wondering after we get married and apply for readjustment status if we can apply for "a pass" or something so she can go back for a couple months to say goodbye to her family and wrap a few things up. 

[Hank_ 9,174]

Why wait?   Get married if that is your plan now.  It wasn't her intent upon arrival and that was the moment in time regarding "intent" of visit.

 

File the I-130 and the I-485 ( .. I'm rusty on this process as not many do it.)     Don't make any plans to exit the country until that process is complete or re-entering could be a big issue.  After that she will have a green card and can travel back home to visit family.   

[Mike E 11,739]

37 minutes ago, Yehuda said:

This is my last post 

To summarize. I applied for a K1 visa, it is stuck in limbo. My fiance is here now on a tourist visa. We are waiting until February to marry so the UNCIS doesn't say she intended to use her tourist visa for marriage. She is wondering after we get married and apply for readjustment status if we can apply for "a pass" or something so she can go back for a couple months to say goodbye to her family and wrap a few things up. 

Get married and file  to adjust status now.  Write USCIS to cancel the I-129F

 

In your last post you were advised to get married and adjust status. Why are you admiring this problem.  Less posting and more action. You’ve waited over a month which means it take longer for her to get a green card. 
 

An approved I-131 will let her travel. But beware those are taking over 6 months. 

 

4 minutes ago, Hank_ said:

Why wait?   Get married if that is your plan now.  It wasn't her intent upon arrival and that was the moment in time regarding "intent" of visit.

 

File the I-130 and the I-485 ( .. I'm rusty on this process as not many do it.)     Don't make any plans to exit the country until that process is complete or re-entering could be a big issue.  After that she will have a green card and can travel back home to visit family.   

the process is: https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

Edited December 4, 2021 by Mike E

[Yehuda 26]

I am just worried the immigration officer will think we intended to use the visa for marriage. I read you should wait 90 days. 

 

35 minutes ago, Mike E said:

Get married and file  to adjust status now.  Write USCIS to cancel the I-129F

 

In your last post you were advised to get married and adjust status. Why are you admiring this problem.  Less posting and more action. You’ve waited over a month which means it take longer for her to get a green card. 
 

An approved I-131 will let her travel. But beware those are taking over 6 months. 

 

the process is: https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

 

[Crazy Cat 41,893]

1 hour ago, Yehuda said:

This is my last post 

To summarize. I applied for a K1 visa, it is stuck in limbo. My fiance is here now on a tourist visa. We are waiting until February to marry so the UNCIS doesn't say she intended to use her tourist visa for marriage. She is wondering after we get married and apply for readjustment status if we can apply for "a pass" or something so she can go back for a couple months to say goodbye to her family and wrap a few things up. 

1.  There is no benefit in waiting.  There is no rule.  The fact that she was allowed to enter established her intent at that time.  

2,  Once she files for adjustment, she cannot leave the US until she receives approved advance parole via the I-131.  Leaving prior to receiving approved parole will abandon her I-495.

[Crazy Cat 41,893]

1 minute ago, Yehuda said:

I am just worried the immigration officer will think we intended to use the visa for marriage. I read you should wait 90 days. 

 

 

THERE IS NO RULE....PERIOD.  Intent is established when the person enters the US.......unless she lied to immigration when entering.

[Yehuda 26]

Just now, Crazy Cat said:

THERE IS NO RULE....PERIOD.  Intent is established when the person enters the US.......unless she lied to immigration when entering.

But how will the officer know she wasn't lying?

[Crazy Cat 41,893]

I always find it amusing that people think waiting 90 days alters the intent a person had when entering the US....... 

[Crazy Cat 41,893]

1 hour ago, Yehuda said:

But how will the officer know she wasn't lying?

Whether she was or was not lying will not be changed by waiting 90 days.  During the adjustment of status interview, the subject is never even discussed.  Many, many, many people adjust status after having entered the US via a tourist visa due to a change in plans.  If it was not legal, we would not have the "Adjustment of Status From Work, Student, or Tourist Visas" forum.  You are free to wait 90 days, but you will be wasting your time.  The sooner you marry and file for adjustment, the sooner she will have a Green Card.  Your choice.

Edited December 4, 2021 by Crazy Cat

[Yehuda 26]

OK ,just asked my gf. We're heading to the probate office on Friday now I guess. 

[Crazy Cat 41,893]

2 minutes ago, Yehuda said:

OK ,just asked my gf. We're heading to the probate office on Friday now I guess. 

You can fly to Las Vegas...... @Loren Y can have you married with marriage certificate in hand in a matter of an hour or so.  He offers to perform the marriage free for VJ members.

[Yehuda 26]

1 minute ago, Crazy Cat said:

You can fly to Las Vegas...... @Loren Y can have you married with marriage certificate in hand in a matter of an hour or so.  He offers to perform the marriage free for VJ members.

Eh...thanks but I don't want to travel with Omicron everywhere. We're just gonna do a court wedding. I live in Ohio and you don't need a witness for it. 

[Crazy Cat 41,893]

1 minute ago, Yehuda said:

Eh...thanks but I don't want to travel with Omicron everywhere. We're just gonna do a court wedding. I live in Ohio and you don't need a witness for it. 

Your choice..... There is a great deal of needless panic fanned by the media.... Good luck.  

[Mike E 11,739]

46 minutes ago, Yehuda said:

I am just worried the immigration officer will think we intended to use the visa for marriage. I read you should wait 90 days. 

 

 

There is no 90 day rule.  
 

https://www.visajourney.com/forums/topic/767722-green-card-for-parents/

https://www.visajourney.com/forums/topic/647938-3090-days-rule-for-aos-is-now-the-rule/page/2/

 

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

https://www.visajourney.com/forums/topic/766683-planning-to-do-a-concurrent-filing-before-90-days-with-some-valid-reasons-please-advise/

 

You don’t have to believe us.  But asking  the same question and expecting a different answer is the definition of something the VJ tos bars me from defining. 

 

Edited December 4, 2021 by Mike E

[Boiler 45,538]

1 hour ago, Yehuda said:

She is wondering after we get married and apply for readjustment status if we can apply for "a pass" or something so she can go back for a couple months to say goodbye to her family and wrap a few things up. 

Ahe can apply for AP when you file to adjust after marrying, seems to be taking 8 months or so to get.