O1 to marriage-based visa

[a.fiora 0]

Hey everyone! 

First off, I'm deeply grateful for anyone managing this forum and for whoever will take time to send an answer, as this is such a lonely and nerve wracking process. Thank you so much ❤️ 

 

I've been in the US for 5 years now and am on my 2nd round of O1, which ends in March 2025. My partner and I would like to get married soon, and I'm not sure what's the best option for us. Two things to consider here:

- I am desiring to transition out of the career that allowed me to apply for the O1 in the first place, and would like to start working in a different field asap.

- My fiancé and I are planning two international travels, one in November (for him to officially meet my family), and another one end of February. It would have me come back in the country with only 5 days left on my O1, which my attorney doesn't recommend at all. But it's a very important trip for both of us so I'm not sure what to do here.

 

Basically, my lawyer told me that after I apply for a status adjustment, I would need to wait 6 to 9 months to either work, or travel internationally. So her advice was to try to re-enter the country late February and pretend that I'm about to re-apply for an O1 - which makes me very nervous - and get married after we're back. Or get married here (in the US) asap and cancel both of our trips. And honestly I hate both options. 

So I would like to know if:

1. Are there any other options she didn't mention?

2. Are the waiting times to get work + travel approval as long everywhere (she's a, CA based lawyer, I now live in TX)?

 

Thanks folks!

[Boiler 45,733]

You can marry and file to adjust now and carry on working until the end of your O1. EAD times seem all over the place.

[OldUser 6,979]

18 hours ago, a.fiora said:

So her advice was to try to re-enter the country late February and pretend that I'm about to re-apply for an O1 - which makes me very nervous - and get married after we're back.

I'd consult with somebody else. Misrepresentation is a big issue and a ground for inadmissability.

[OldUser 6,979]

18 hours ago, a.fiora said:

Or get married here (in the US) asap and cancel both of our trips.

That seems like a better solution.

You have to prioritize what's more important to you.

[Noname93 200]

On 9/11/2024 at 4:25 PM, a.fiora said:

So her advice was to try to re-enter the country late February and pretend that I'm about to re-apply for an O1 - which makes me very nervous

No one here is going to advice you to do that because it would be fraud. You clearly have intentions to get married and adjust status. Coming back into the country on a non immigrant visa knowing you are about to apply for adjustment is a big no-no. Unfortunately it looks like your best option is to apply now, include I-131, and hope that at least that part will be approved by the time your trip comes around. And if not, you'll have to cancel or reschedule.

[a.fiora 0]

Thank you everyone! Your advice has been precious and helped me making decisions accordingly