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pkim360

F1 Visa getting married, can I apply for an AOS and AP?

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Hey guys, first post:

Situation:

My Fiancée and I are getting married next month (March 19th).

I am a US citizen and she is here on a student visa (F1) and graduates in May (I-20 expires May 30).

We are having a ceremony in Korea as well on May 14 and plan on returning early June.

Questions:

Is my best option to apply for an Adjustment of Status (AOS) right after we get married (in March) and apply for Advance Parole (AP) at the same time?

Is this possible and within the timeframe?

Are there other options?

Thanks for any help guys!

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You can apply for adjustment of status as soon as you are married with AP at the same time. It is possible you will not receive your AP in time and you will not be able to go to the wedding in Korea, or if you do you will not be able to return.


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Thanks for the reply,

Would an valid alternative be:

Have the wedding here next month (but not fill out the marriage paperwork... so we wouldn't be officially married).

We go to Korea for a ceremony (not an official marriage).

She returns to the US on a Visa Waiver (She is a Korean citizen and can travel freely up to 90 days).

We file the paperwork for marriage.

Apply for AOS.

-Philip

You can apply for adjustment of status as soon as you are married with AP at the same time. It is possible you will not receive your AP in time and you will not be able to go to the wedding in Korea, or if you do you will not be able to return.

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Thanks for the reply,

Would an valid alternative be:

Have the wedding here next month (but not fill out the marriage paperwork... so we wouldn't be officially married).

We go to Korea for a ceremony (not an official marriage).

She returns to the US on a Visa Waiver (She is a Korean citizen and can travel freely up to 90 days).

We file the paperwork for marriage.

Apply for AOS.

-Philip

No, that is a very bad plan for a number of reasons. The main reason is visa fraud. You cannot enter on a non-immigrant visa with the intent to immigrate, and furthermore, the VWP does not allow you to appeal any negative decision, because you are not really eligible to adjust status off of the VWP. You will only be eligible to Adjust Status if you marry now and apply now.

AP is takes about 70-90 days, but sometimes can come sooner. I don't think you'd make it for May in Korea though. Can you marry and apply for AOS in the states sooner? Can you put off the Korean wedding by a month or so?

If you can't make these sacrifices, then the other option is to apply for a normal CR-1 visa, and have her wait out the time (8-10) months in Korea. Should could visit in the meantime, but you will have to spend time apart because she could only visit for 90 days at a time.

Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Thanks for the reply Harpa,

Will applying for an OPT help our situation?

No, that is a very bad plan for a number of reasons. The main reason is visa fraud. You cannot enter on a non-immigrant visa with the intent to immigrate, and furthermore, the VWP does not allow you to appeal any negative decision, because you are not really eligible to adjust status off of the VWP. You will only be eligible to Adjust Status if you marry now and apply now.

AP is takes about 70-90 days, but sometimes can come sooner. I don't think you'd make it for May in Korea though. Can you marry and apply for AOS in the states sooner? Can you put off the Korean wedding by a month or so?

If you can't make these sacrifices, then the other option is to apply for a normal CR-1 visa, and have her wait out the time (8-10) months in Korea. Should could visit in the meantime, but you will have to spend time apart because she could only visit for 90 days at a time.

Good luck.

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OPT won't help at all in this case. I think your only options at this point are to either marry and AOS now and postpone the Korean wedding or fly to Korea for the wedding and your spouse remains there while you file paperwork.

I would agree with Harpa and say that adjusting from a VWP is a very very bad idea. Just search around the board to see the troubles that people have got themselves into.


12/01/2010: Married!
12/14/2010: Mailed AOS Packed to Lockbox
12/23/2010: USCIS Receipt notice for I-485/I-130/I-765/I-131
01/05/2011: Successful biometrics walkin at Charleston WV office!
03/04/2011: EAD and AP combo card in hand.
04/21/2011: AOS Interview at Norfolk local office. APPROVED & Card production ordered!
04/25/2011: Welcome to the US letter received in mail.
05/02/2011: Green Card arrives in mail!

----------------------------------------------------------------------------------------------------------------------

01/29/2013: NOA received for I-751 form submission (joint)

02/22/2013: Walk in biometric (appt. for 03-05-13)

06/25/2013: I-751 approved!

06/29/2013: 10yr Green Card received in the mail!

----------------------------------------------------------------------------------------------------------------------

08/18/2015: Mailed N-400 application

08/28/2015: NOA for N-400

09/14/2015: Biometrics appointment for N-400

02/02/2016: Interview for N-400. APPROVED!

02/18/2016: Oath ceremony!

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