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tranced4life

Marriage, AOS, and Re-entry into US on a F1

By tranced4life in Adjustment of Status from Work, Student, & Tourist Visas

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tranced4life Newbie

tranced4life   0

Posted
Filed: F-1 Visa Timeline
Posted

Hi everyone,

I am here in U.S on a F1 Visa for the last two years. I initially came here in August 2013. I plan on graduating by May 2017. I initially had no intentions of getting married to a US citizen when i first came here. So, now i have a girlfriend and i plan on getting married with her in December 2016. However, we plan on doing it in our home country which is the same for both of us.

Will the marriage outside US affect my F1 visa? Will i be able to come back here and continue my final semester till May 2017 if we get married abroad in Dec 2016? Will this show that i have immigration intent upon re-entry to US as i would be coming back to finish my final semester? Can we both apply for i130 and i485 after coming back to US sometime in April 2017 so i can adjust my status? Is there anything else you would recommend?

I am personally thinking about getting married in my home country, then come back here to finish my degree till May 2017, and sometime in April, apply for i130 and i485 concurrently, so me and my girlfriend can stay together.

Alexsed Rookie

Alexsed   2

Posted
Filed: Citizen (apr) Country: Sweden
 Timeline
Posted

Hi,

I don't think that would be a good idea.

The thing is that the F-1 visa does not allow intent to immigrate, or "duel intent", so if you leave and come back with your wife and tell the CBP agent that your intent is to study, while it actually is to adjust your status, that would be considered immigration fraud (regardless if you continue to study or not) and could land you in removal precedings.

I'd recomend getting married here (at city hall or whatever suits you), adjust your status + apply for advanced parole, go back to your home country and have the official wedding for friends and family. Of course that might not be ideal but that would be the easiest way.

Sean and Kristina Enthusiast

Sean and Kristina   24

Posted
Filed: Citizen (apr) Country: New Zealand
 Timeline
Posted

I'd recomend getting married here (at city hall or whatever suits you), adjust your status + apply for advanced parole, go back to your home country and have the official wedding for friends and family. Of course that might not be ideal but that would be the easiest way.

This makes the most sense so it won't interfere with your schooling or separate you from your fiance/spouse.

I wrote a full detailed account of our AOS process, timeline, AP use, and interview on my blog. You can read it here.

Read our experience clearing immigration with an expired green card and extension letter here.

F-1 AOS Journey

Spoiler

10/05/15 - Mailed AOS Package (I-130, I-485, I-864, I-693, I-131, I-765, G-325As, G-1145)

10/07/15 - AOS Package delivered to Chicago Lockbox

10/14/15 - Received four NOA1s via e-mail & text notifications that USCIS received our case. Routed to National Benefits Center for processing

10/15/15 - Checks cashed

10/19/15 - Received four hard copies of NOA1s in the mail

10/23/15 - Received biometrics appointment in the mail. Scheduled for 11/03

10/26/15 - Failed early walk-in attempt for biometrics at Boston location

11/03/15 - Biometrics appointment in Boston

11/10/15 - AOS case status changed to "Ready to be scheduled for interview"

12/21/15 - EAD/AP approved

12/24/15 - EAD/AP mailed

12/30/15 - EAD/AP delivered

03/17/16 - Interview scheduled for April 20th

04/20/16 - AOS Inteview - Boston, MA - APPROVED!

04/25/16 - Approval notice received in the mail

04/26/16 - Green card mailed

04/29/16 - Green card delivered

 

ROC

Spoiler

02/20/18 - Mailed I-751 Package

02/23/18 - I-751 delivered to CSC

02/28/18 - Check cashed

03/02/18 - NOA1 received in the mail

05/12/18 - Notice that previous biometrics will be reused

08/24/18 - Received 18 month extension letter (courtesy copy)

10/22/18 - Received the "revised notice" with the correct 18 month extension letter--on green paper this time.

02/27/19 - Card mailed notification via Case Tracker mobile app

03/01/19 - Both approval letter and new green card delivered

 

N-400

Spoiler

03/02/19 - Filed N-400 online

03/02/19 - NOA1 via online portal

03/09/19 - Biometrics scheduled

03/12/19 - Biometrics appointment appeared in Documents tab in online USCIS account

03/13/19 - Successful early walk-in for biometrics 

11/13/19 - Interview

Seizetheglobe.com

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

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