Applyig for F1 status and I-130

[newacct 688]

If we enable to marry before interview and then petition AOS and travel document same time - that means that I receive travel document within 90 days after petition and after that I can travel and go back to the US while Adjustment pending?

Will they allow me to enter the US again or send back to my country to wait for interview? (I need to go through interview, don't I?)

Yes, you can file AOS (along with EAD and AP) in which case you should not leave the US until you have AP (or you have your green card). Once you have AP, you can leave and re-enter the US.

[Sm07 1]

Yes, you can file AOS (along with EAD and AP) in which case you should not leave the US until you have AP (or you have your green card). Once you have AP, you can leave and re-enter the US.

Do he need to inform them at GC interview that he got married recently? He applied for GC as Single, so does he need to make changes Single to Married in the petition?

And do they usually say Yes or No in the end of interview or they can continue pending him and checking

Thank you for great help

Edited June 17, 2016 by Sm07

[newacct 688]

Do he need to inform them at GC interview that he got married recently? He applied for GC as Single, so does he need to make changes Single to Married in the petition?

And do they usually say Yes or No in the end of interview or they can continue pending him and checking

Thank you for great help

He can inform them that he got married.

I am not sure if they approve at the interview or after; and it might vary.

[Sm07 1]

He can inform them that he got married.

I am not sure if they approve at the interview or after; and it might vary.

Will they ask him for some evidences that this is not a mock marriage on his Interview?

Does he need to take to interview some of my documents or copies of it?

Will they probably ask him if he's planning to petition GC for his wife? And what to answer in this case.

Edited June 17, 2016 by Sm07

[Sm07 1]

Will they ask him for some evidences that this is not a mock marriage on his Interview?

Does he need to take to interview some of my documents or copies of it?

Will they probably ask him if he's planning to petition GC for his wife? And what to answer in this case.

So in the end of interview he has to say he got married and want to include spouse under his petition?

[newacct 688]

Will they ask him for some evidences that this is not a mock marriage on his Interview?

Does he need to take to interview some of my documents or copies of it?

Will they probably ask him if he's planning to petition GC for his wife? And what to answer in this case.

I don't think so, because the nature of the marriage is irrelevant to his immigration process, which is employment based. The genuineness of the marriage will only be relevant for your immigration process when you try to immigrate as his derivative beneficiary.

He is not planning to petition you. That's the point. If you are already married by that point, the plan is that you would immigrate as a derivative beneficiary of the same employment-based petition that he's immigrating on. If asked whether you plan to immigrate as a derivative, he can say yes, because that's the truth.

[newacct 688]

So in the end of interview he has to say he got married and want to include spouse under his petition?

He can say he's married and show them the certificate or whatever. But there isn't any explicit action he needs to take on his petition to initiate your immigration process; since you are doing Adjustment of Status, the process would be initiated by you submitting the I-485 form.

[Sm07 1]

He can say he's married and show them the certificate or whatever. But there isn't any explicit action he needs to take on his petition to initiate your immigration process; since you are doing Adjustment of Status, the process would be initiated by you submitting the I-485 form.

We got married these days (Thanks to you for the advise!). We will receive the original of the certificate in a month or so. For now we have just copy and he'll take it to interview next week

So now as much as I understand he just needs to inform them in the beginning of the interview that he is not single anymore, but married. He doesn't need to ask them to change his GC petition Single to Married and add my name into it because his marital status changes automatically and I will apply for AOS when he gets approved, either way I can do it if he is still not approved in the end of the interview and they'll keep him waiting for the verdict.

And there is no matter if the marriage took place 3 days before the interview , i still can immigrate as his Derivate beneficiary by law without adding my name to any of his petitions. The only document I need is our certificate of marriage which date of ceremony happened before he physically recieved his green card

I'm sorry for being meticulous-English is not my native language so I make sure I understood correct

[Sm07 1]

He can say he's married and show them the certificate or whatever. But there isn't any explicit action he needs to take on his petition to initiate your immigration process; since you are doing Adjustment of Status, the process would be initiated by you submitting the I-485 form.

Hello

Some updates of my story.

Thanks to you, we managed to got married 3 before his interview!

He went to the interview and mentioned there that he got married. They opened his case and said him to write my name into it (but he write my maiden last name there)

In the end they gave him paper saying that "his case is being held for review" and they said him that he is approved, made a photo of him and said that he will receive his GC by mail in 2 weeks.

Now the thing is that 3 weeks after the interview passed, but GC still hasn't been delivered.

He went back to home country and i'm still in the US waiting for his GC to file i-485 then.

As much as i understand the marriage certificate should be delivered to me in a week or 2.

My B2 expires in the middle of September.

What am i better to do now? My plan was to file I-485, AP, EAD and then immediately go back to my home country after biometrics done, but now i dont know when it happens. What if my B2 expires before he physically receives his GC? The paper says the case may be under review up to 120 days, so in worst case he can hear from them in the end of october 2016, but the officer said he is accepted and will receive GC soon.

Edited July 9, 2016 by Sm07

[newacct 688]

Hello

Some updates of my story.

Thanks to you, we managed to got married 3 before his interview!

He went to the interview and mentioned there that he got married. They opened his case and said him to write my name into it (but he write my maiden last name there)

In the end they gave him paper saying that "his case is being held for review" and they said him that he is approved, made a photo of him and said that he will receive his GC by mail in 2 weeks.

Now the thing is that 3 weeks after the interview passed, but GC still hasn't been delivered.

He went back to home country and i'm still in the US waiting for his GC to file i-485 then.

As much as i understand the marriage certificate should be delivered to me in a week or 2.

My B2 expires in the middle of September.

What am i better to do now? My plan was to file I-485, AP, EAD and then immediately go back to my home country after biometrics done, but now i dont know when it happens. What if my B2 expires before he physically receives his GC? The paper says the case may be under review up to 120 days, so in worst case he can hear from them in the end of october 2016, but the officer said he is accepted and will receive GC soon.

You don't need his GC to file. You just need his AOS to be pending or approved, so you just need either a receipt or approval notice for his case. You should file with that and your marriage certificate and proof of bona fide marriage (and other supporting documents for I-485 like the medical). You need to file before your status expires. After you have filed, you cannot leave the US until you have AP, or you will abandon your AOS.

[Sm07 1]

You don't need his GC to file. You just need his AOS to be pending or approved, so you just need either a receipt or approval notice for his case. You should file with that and your marriage certificate and proof of bona fide marriage (and other supporting documents for I-485 like the medical). You need to file before your status expires. After you have filed, you cannot leave the US until you have AP, or you will abandon your AOS.

So AP is not only for traveling and entering the US again? If I do biometrics for AP, go back to home county, then when my AP document come by mail somebody will bring it to me to my home country and then I can enter the US with AP? Will I still abandon? Do I need to have my physical AP (the paper document) to leave the country or some letter of approval is fine?

[newacct 688]

So AP is not only for traveling and entering the US again? If I do biometrics for AP, go back to home county, then when my AP document come by mail somebody will bring it to me to my home country and then I can enter the US with AP? Will I still abandon? Do I need to have my physical AP (the paper document) to leave the country or some letter of approval is fine?

You must have the AP (or at least it must be issued) on the day you leave the US, in order for you to not abandon AOS. Unlike Re-entry Permits, you can't just leave and go wait for it to be approved while you're overseas. It takes about 90 days to get after applying, so plan to stay in the US for at least that long after applying.

[Sm07 1]

You must have the AP (or at least it must be issued) on the day you leave the US, in order for you to not abandon AOS. Unlike Re-entry Permits, you can't just leave and go wait for it to be approved while you're overseas. It takes about 90 days to get after applying, so plan to stay in the US for at least that long after applying.

They can send it to me to U.S. consulate or embassy or USCIS office in my home country. It won't change anything?

[Anitafeliz 1,133]

From what it sounds he left prior to you filling for AOS so you will need to apply for him as your spouse cr1 and he will be interviewed at the embassy.

If im correct this is a years wait....why didnt he wait or you guys find out if he can travel prior to him leaving??

Edited July 9, 2016 by Anitafeliz

[Sm07 1]

From what it sounds he left prior to you filling for AOS so you will need to apply for him as you spouse and he will be interviewed at the embassy.

If im correct this is a years wait....why didnt he wait or you guys find out if he can travel prior to him leaving??

His case is under review and I'm as beneficiary (but I haven't filed any forms yet). He has re-enter permit with which he travels for already more than half a year, successfully entering the US again and again and leaving it for home country.

I'm looking for how to leave the US in next months not abandoning my adjustment of status

Edited July 9, 2016 by Sm07