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F1: marriage without AOS / AOS whilst living apart

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Filed: Timeline

Hey Guys,

I have a few questions. I'm an F1 student, been here for 2.5 years studying for my PhD. 18 months ago I met a girl and we've been dating since. Things are very serious and we're contemplating marriage, BUT;

1) She has to leave the country and go to Europe for work and could be away for 2 years. I haven't found much information about this kind of scenario, is the AOS request likely to be rejected in this situation? We've got 18 months of photos, love letters, emails, cards, including photos of her in my country and me at her family home with parents, etc.

2) Apropos the previous point, Is it possible to get married and not file for AOS immediately? And file when she returns? But if I graduate before she comes back and want to apply for OPT would this cause a problem?

We'd really like to formalise our relationship before she has to go. Any thoughts?

Thanks for your advice!

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Filed: Citizen (pnd) Country: France
Timeline

1) You can ask for a waiver so she doesn't have to fulfill the 2 year requirement.

2)No you don't have to apply right away. However since there is obviously an intent to stay (entering the US without a spouse/fiance visa with the entent to file for AOS is considered a fraud), you would have to file for a spouse visa to bring her back here and then apply to AOS, or use the CR-1/IR-1.

It's up to the two of you to discuss things and decide where you want to live and how soon you with to marry.


08.2006: Entered with a B-2 visa.

07.06.07: Civil Wedding

07.17.2008 AOS approved with interview. It took 367 Days!

11.08.08: Big family wedding

09.18.09-10.03.09: First trip to France with Hubby

I-751

04.19.10: Package sent to Vermont

04.21.10: Delivered in Vermont

04.22.10: NOA date

04.23.10: Check cashed

05.17.10: Received biometrics appointment letter

06.07.10: Biometrics Appointment

06.26.10: Touched

07.07.10: Card Production Ordered!

07.17.10: Card in the mail :) Done until citizenship

French Thread I

French Thread II

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Filed: Timeline
2)No you don't have to apply right away. However since there is obviously an intent to stay (entering the US without a spouse/fiance visa with the entent to file for AOS is considered a fraud), you would have to file for a spouse visa to bring her back here and then apply to AOS, or use the CR-1/IR-1.

It's up to the two of you to discuss things and decide where you want to live and how soon you with to marry.

Thanks for responding. I think you were a bit confused, maybe I didn't make it clean. I'm the F1, she's the US Citizen. She'd be the one going abroad for work. The intent to stay might be mine. I haven't really decided what to do after I graduate, but obviously we'd like to live together. Either in the US or in the UK (my home country).

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Filed: Other Country: Hong Kong
Timeline
Hey Guys,

I have a few questions. I'm an F1 student, been here for 2.5 years studying for my PhD. 18 months ago I met a girl and we've been dating since. Things are very serious and we're contemplating marriage, BUT;

1) She has to leave the country and go to Europe for work and could be away for 2 years. I haven't found much information about this kind of scenario, is the AOS request likely to be rejected in this situation? We've got 18 months of photos, love letters, emails, cards, including photos of her in my country and me at her family home with parents, etc.

2) Apropos the previous point, Is it possible to get married and not file for AOS immediately? And file when she returns? But if I graduate before she comes back and want to apply for OPT would this cause a problem?

We'd really like to formalise our relationship before she has to go. Any thoughts?

Thanks for your advice!

Hello,

There is no problem about filing the AOS later. You do not have to file it right away, some people got married and applied for AOS 3 years later! Since she is a US citizen, it doesn't matter for her to leave the country of course, coz you are not trying to make use of her citizenship to let you stay here.

As for the OPT after graduation, I do not think it is a problem, because you are still under F-1 visa, you enter the country, study and want to get work experience in your study field.

So, just keep your original F-1 plans going (continue PhD program, apply for OPT after graduation), and if you both are planning to get married, you can do it now too! It won't affect your F-1 status since you are not applying for AOS. You can still take classes after you got married.


08/2002 Arrived US with F-1 Student Visa

01/01/08 EAD received (Student OPT)

08/01/08 Got married

AOS

08/31/08 USPS Express Delivery I-485, I-130, I-131, I-765 to Chicago Office

09/02/08 USCIS received the package

09/04/08 USCIS sent NOA1 by mail

09/08/08 Received all (4) NOA1 for I-130, I-131, I-485 & I-765

09/12/08 Received Biometrics appointment letter

10/03/08 Appointment for Biometrics

11/04/08 Received Interview NOA by mail

11/10/08 InfoPass for AP

11/12/08 AP Approve Notice Sent , EAD Card Production Ordered

11/17/08 AP received

11/25/08 EAD received

12/11/08 Appointment for Interview - APPROVED

12/27/08 GREEN CARD received

ROC

11/16/10 USPS Express Delivery I-751 to California Service Center

11/17/10 USCIS received the package, Notice of Action dated same day

11/19/10 Check was cashed

11/23/10 Received NOA

12/11/10 Green Gard expired

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Filed: Citizen (pnd) Country: France
Timeline
2)No you don't have to apply right away. However since there is obviously an intent to stay (entering the US without a spouse/fiance visa with the entent to file for AOS is considered a fraud), you would have to file for a spouse visa to bring her back here and then apply to AOS, or use the CR-1/IR-1.

It's up to the two of you to discuss things and decide where you want to live and how soon you with to marry.

Thanks for responding. I think you were a bit confused, maybe I didn't make it clean. I'm the F1, she's the US Citizen. She'd be the one going abroad for work. The intent to stay might be mine. I haven't really decided what to do after I graduate, but obviously we'd like to live together. Either in the US or in the UK (my home country).

Oops, sorry for the confusion.

Of course if she is the USC and wishes to go abroad it's not a legal issue.

You might have to explain a few things when you file though because they might be a bit suscpisious if you get married and don't live together for a while, but as long as you have a valid explanation you know...


08.2006: Entered with a B-2 visa.

07.06.07: Civil Wedding

07.17.2008 AOS approved with interview. It took 367 Days!

11.08.08: Big family wedding

09.18.09-10.03.09: First trip to France with Hubby

I-751

04.19.10: Package sent to Vermont

04.21.10: Delivered in Vermont

04.22.10: NOA date

04.23.10: Check cashed

05.17.10: Received biometrics appointment letter

06.07.10: Biometrics Appointment

06.26.10: Touched

07.07.10: Card Production Ordered!

07.17.10: Card in the mail :) Done until citizenship

French Thread I

French Thread II

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