F1 student comes back to US after wedding in US and Honeymoon abroad, before AOS

[Spring Flower 0]

Hi everyone!

 

I am a F1 student who came to US on Sept 2021 to start my PhD. (I already completed about half of it. Yay!!!). I got accepted in May 2021 and proposed to my girlfriend (US citizen) in July 2021 in my home country. Got married in early July 2023, and went to my country to have a family celebration and Honeymoon from which we cam back early Aug 2023. We are planning on applying for AOS and we are aware that we should not leave the country once we start the process. However, we have the following questions:

 

1- Are we able to apply for AOS after me reentering the US with in Aug 2023 with my currently valid F1 visa and while already married in July 2023?

 

2- Would USCIS ask us about getting engaged after getting accepted in University, but before entering US with my F1 visa?

 

3- Should we disregard AOS and consider another type of visa/process to apply for Green Card once I finish my PhD (hopefully in a few years)?

 

Thank you all in advance for you advice.

[JeanneAdil 6,514]

You do not have to return home when doing the AOS
Matter of fact,  u r not suppose to travel outside the US

you will get the receipt notice to use while u adjust

BUT don't leave

 

Read the guides above to  Adjust status or USCIS site 

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status

 

[Boiler 45,581]

Yes

Probably not

Such as? I suppose you could file I 130 now and interview in your home country in a couple of years.

 

Begs the question what the plan was when you entered on your non immigrant visa.

[Spring Flower 0]

7 hours ago, JeanneAdil said:

You do not have to return home when doing the AOS
Matter of fact,  u r not suppose to travel outside the US

you will get the receipt notice to use while u adjust

BUT don't leave

 

Read the guides above to  Adjust status or USCIS site 

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status

 

I had gotten married in July 2023, left the country for my honeymoon, then returned using my valid F-1 in August 2023. The plan was to start my AOS after coming back from our honeymoon.

Is that going to be a problem because I left and reentered with my F-1 while already married?

[Boiler 45,581]

They let you in.

 

The issue is not being married but entering on a non immigrant visa with immigrant intent but that is history and best forgotten.

[Chancy 6,241]

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