AOS i485/i130: Getting married but living in 2 different states

[racy.l 0]

I'm a F-1 student (from Vietnam), now on OPT STEM (expiring July 2024). I met my boyfriend in Nov 2021 in GA. Dec 2021 he got a job in SC, bought a house there and moved there for work. I intended to move there with him but then got a job offer (my current job) in Mar 2022 so I remained in GA. As a result, we do long-distance in the entirety of our relationship. We see each other at least once/twice per month (5 hours drive). His employment contract does not allow him to quit his job before the 2-year mark (Jan 2024) so we talked about him moving back to GA with me then getting married here and applying for my AOS once the 2-year mark pasts. That was our initial plan. But then my dad got sick. Now I want to go home ASAP.

 

Technically I can go home now using my F1 status (have to do a visa interview at home since my F-1 visa already expired); however, with my OPT STEM expiry date so close (July 2024), not to mention my company is currently filing for a H-1B for me (I failed the lottery this year twice so my application status is pending), I think it's very risky to go home on F-1 and do the interview again. So my boyfriend wanted us to get married ASAP (simple court house wedding) and we will file for AOS in the next one/two months together with the Advance Parole (i131) and then we go to Vietnam together (hopefully end of this year or first half of next year).

 

However, we do not live together now and do not have enough solid evidence that we will move in together any time soon (he can't prove that he's applying for jobs because he's not, he has a house, a full-time job in SC and I have my own life in GA, my job is steady, and I have no intention of quitting to move to SC). All we can say is honestly explain the situation we're in that he can't move to GA with me until at least after Jan 2024, and that my dad is sick so I want to go home ASAP and I want my boyfriend to go home with me to see my family. 

 

We have tons of evidence that we do see each other monthly (travelling, my Google location history, visiting each other, my roommate and his neighbors can vouch for this). We videocall/text each other daily for hours (phone bills can prove). He is the beneficiary of all my life/accident insurance plans via my company. Last week he put me on his bank account. We’re getting newsletters addressed to both of us from GA realtors because we’re on the lookout for a house here in GA but all for the future and nothing is concrete yet.

 

My company is aware of my situation and is willing to let me relocation temporarily to SC to do the AOS (only until his 2-year mark, so Jan 2024). I have that in the back of my pocket, but I don’t want to just move there, file for AOS then immediately move back to GA in Jan 2024, that will just be fishy.

 

Do I have a case to convince the USCIS? Is there anything else we can do to help our case? Anyone else was in similar situation? Or should I just go find an attorney to do this for us? Please help me advise. Thank you!

 

[SalishSea 17,827]

If you want to leave the US within that timeline, AOS is not the solution.   You could be waiting 8-12 months for AP.

[racy.l 0]

1 hour ago, SalishSea said:

If you want to leave the US within that timeline, AOS is not the solution.   You could be waiting 8-12 months for AP.

Thank you. I understand the longer timeline for AOS. I feel like now I have to weigh between 2 options: 1. Going home faster with F1 but risking not being able to come back to the US after the visit and hence lose my job or 2. Waiting a bit longer but less risk of losing my life here in the US. 

 

I’m not sure if what is the best course of action for me now, if there’s a better option out there.

[Dashinka 24,493]

16 minutes ago, racy.l said:

Thank you. I understand the longer timeline for AOS. I feel like now I have to weigh between 2 options: 1. Going home faster with F1 but risking not being able to come back to the US after the visit and hence lose my job or 2. Waiting a bit longer but less risk of losing my life here in the US. 

 

I’m not sure if what is the best course of action for me now, if there’s a better option out there.

Sorry to hear about your father.  You have to weigh what is most important for you.  You should be able to overcome the current living situation for AOS, and who knows what it will be in a year or more when an interview occurs.  But then you mentioned needing to go home ASAP, which may be tough with an AOS in process.  You can always try for an expedited AP, but YMMV.  
 

I know it is a tough decision with risks on both sides, but you can only do what is most important for you.

 

Good Luck!