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Filed: Citizen (apr) Country: Russia
Timeline
Posted
58 minutes ago, Jason Katzif said:

Thanks everyone. So based on everyone’s advice this is where my heads at:

 

- Propose & Marry

- File for her adjustment of status (I130/I485/I131/I765/I864)

- Wait 8-12 months for I131 or green card to be approved then travel to Colombia and have the celebration with her family.

 

You mentioned she can travel before receiving her green card if she pays for advance parole. How quickly would we be able to travel back to Colombia with this route? And what would the extra cost be?

The I131 is the AP (advanced parole).  Processing times vary.  Even though she may be legal traveling with her F1, once the I485 is filed, if she leaves the country prior to the AP being approved, the I485 will be considered abandoned and you both will be out the money and legally she cannot re-enter the US on an F1 with the intention to file an I485.

 

I hope that makes sense.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted
2 hours ago, Jason Katzif said:

Thanks everyone. So based on everyone’s advice this is where my heads at:

 

- Propose & Marry

- File for her adjustment of status (I130/I485/I131/I765/I864)

- Wait 8-12 months for I131 or green card to be approved then travel to Colombia and have the celebration with her family.

 

You mentioned she can travel before receiving her green card if she pays for advance parole. How quickly would we be able to travel back to Colombia with this route? And what would the extra cost be?

Needs I-693 completed by a civil surgeon and included as part of AOS

ROC 2009
Naturalization 2010

Posted
2 hours ago, milimelo said:

Needs I-693 completed by a civil surgeon and included as part of AOS

Thank you. Does everything below look accurate?

 

- Propose & Marry

- File for her adjustment of status (I130/I485/I131/I765/I864) Also have I-693 completed by a civil surgeon.

- Wait 3-9 months for I131 (advance parole) to be approved

- Once AP is approved we can travel to Colombia and have the celebration with her family (Green card will be approved in 8-12 months)

 

On a side note, I have one other question regarding her current status and ability to travel. As mentioned, she was originally on a J1 visa and now is on a F1 Student status and has until the end of 2025 before her OPT 1 year timeframe is finished. Is she able to travel outside of the U.S now? She’s received mixed answers from here student counselors in the past and is afraid to travel internationally because the lack of certainty. If she is able to travel now then my idea would be to take a trip to Colombia soon and propose in front of her family, then we can come back to the U.S. and complete the steps above.

Filed: Citizen (apr) Country: Russia
Timeline
Posted
37 minutes ago, Jason Katzif said:

 

Thank you. Does everything below look accurate?

 

- Propose & Marry

- File for her adjustment of status (I130/I485/I131/I765/I864) Also have I-693 completed by a civil surgeon.

- Wait 3-9 months for I131 (advance parole) to be approved

- Once AP is approved we can travel to Colombia and have the celebration with her family (Green card will be approved in 8-12 months)

 

On a side note, I have one other question regarding her current status and ability to travel. As mentioned, she was originally on a J1 visa and now is on a F1 Student status and has until the end of 2025 before her OPT 1 year timeframe is finished. Is she able to travel outside of the U.S now? She’s received mixed answers from here student counselors in the past and is afraid to travel internationally because the lack of certainty. If she is able to travel now then my idea would be to take a trip to Colombia soon and propose in front of her family, then we can come back to the U.S. and complete the steps above.

I will give you a qualified answer of no based on the plan you laid out.  As I mentioned earlier, once the I485 is filed, she cannot leave the U.S. without abandoning that process, and if she leaves prior to the I485 being filed, she technically cannot re-enter with the explicit plan to stay and adjust status via the I485 without committing immigration fraud (sort of a catch 22).  Best to move forward with the plan as soon as you can to get the I131 in motion.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted
44 minutes ago, Jason Katzif said:

If she is able to travel now then my idea would be to take a trip to Colombia soon and propose in front of her family, then we can come back to the U.S. and complete the steps above.

She's able to travel now, but she cannot reenter the US on F-1 visa with intention to adjust status as this could be perceived as immigration fraud.

Also, any entry to the US on non-immigrant visa is a discretion of CBP. If they find out she got engaged to US citizen, she may be not allowed back in the US and her F-1 visa could be revoked.

 

If she never dated an American, and was planning to leave the US after studies, she could go back and forth to Colombia no issue. The issue arises after engagement or marriage as non-immigrants cannot have immigrant intent.

Posted
On 1/3/2025 at 1:48 PM, OldUser said:

She's able to travel now, but she cannot reenter the US on F-1 visa with intention to adjust status as this could be perceived as immigration fraud.

Also, any entry to the US on non-immigrant visa is a discretion of CBP. If they find out she got engaged to US citizen, she may be not allowed back in the US and her F-1 visa could be revoked.

 

If she never dated an American, and was planning to leave the US after studies, she could go back and forth to Colombia no issue. The issue arises after engagement or marriage as non-immigrants cannot have immigrant intent.

Thank you for the clarification. I will disregard that option and go with the original steps to get the advance parole approved first.

 

I greatly appreciate all of your guidance/advice. 

 

If there’s any additional documentation or resources that you think would be helpful for me when completing the AOS and AP that would be very appreciated as well.

 

Thank you again!

Posted
5 minutes ago, Jason Katzif said:

Thank you for the clarification. I will disregard that option and go with the original steps to get the advance parole approved first.

 

I greatly appreciate all of your guidance/advice. 

 

If there’s any additional documentation or resources that you think would be helpful for me when completing the AOS and AP that would be very appreciated as well.

 

Thank you again!

Make sure to document your relationship and joint life. Take photos with friends and relatives. When married, add her to lease, open joint checking and savings accounts for monthly recurring expenses, get her name on utility bills. You'll need all of that for AOS, and in few years for her I-751 and naturalization.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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