First steps after marriage

[helisabetht 0]

My Lebanese finance and I both live and work in Lebanon. We received our K-1 Visa and are traveling to the US to get married next month. I (the US Citizen) am teaching abroad and plan to move back to the US after the school year finishes in July. I am under contract until July. My fiancé will stay in the US and apply for the adjustment of status. Can he stay and apply for this if I am working abroad still for six months?

Is it better for him to stay and start the green card process, or leave with me and we apply for immigration when I move back later?

Is the EAD always guaranteed? We could also try to apply for parole and he could return to work in Lebanon while he waits for the green card. What is the safest route?

Thank you for any help! We are not sure which route to take now!

-H

[JusticeWarrior67 3]

Well I'm afraid you would have to stay with him in the U.S for the AOS interview.... Only those who apply for an immigrant visa oversees can attend the interview without the petitioner, but since you guys are going down with the K-1 visa route, you both should be interviewed at the USCIS office.

After the interview, you may return to Lebanon to continue teaching.

Best of luck!

[baron555 934]

My Lebanese finance and I both live and work in Lebanon. We received our K-1 Visa and are traveling to the US to get married next month. I (the US Citizen) am teaching abroad and plan to move back to the US after the school year finishes in July. I am under contract until July. My fiancé will stay in the US and apply for the adjustment of status. Can he stay and apply for this if I am working abroad still for six months?

Theoretically this is possible. You do have to provide evidence of a legitimate marriage when they file for AOS. And as another poster stated, if they are to have an interview (most do not) then you'd have to return for that.

Once they have their GC, they could come join you and then you both return together in July.

Is it better for him to stay and start the green card process,

Per above.

or leave with me and we apply for immigration when I move back later?

Don't understand? If you've become married and they leave the US without the AP or GC, then you'd have to file for a CR-1 spousal visa and that takes a year to obtain, they'd be stuck.

Is the EAD always guaranteed?

Never seen a case where it was denied except when the entire AOS was denied, very rare, because of visa fraud discovery by USCIS.

We could also try to apply for parole and he could return to work in Lebanon while he waits for the green card. What is the safest route?

If an interview is required, then you both have to return for that.

Another option could be:

The K-1 is valid for six months. If you just received it, you could email the Embassy and see if they would extend it until July.

Edited November 18, 2015 by baron555

[Penguin_ie 6,005]

I think requesting a re-issue of the visa so you can both travel in July and marry then would be best.