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Jordane17

Help after getting married

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I know its a bit silly to do this after all the process.. But our plan changed. And i dont know if it worth it to start apply for AOS, wait to get the greencard and few mounths later leave the country, because anyway they gonna take my GC from me. All this process to leave few mounths later.. Is it really worth it? I've been using a ESTA visa the last 2 years. I know, i had to leave and come back every 3 mounths but i never had any probleme, sometimes they were just asking question, if i was working here or not... And if in the future i am finally ready to stop traveling and live in usa, i could apply for a spouse visa?

Someone know whats happen when they take the greencard from you if you are leaving? Can you get it back?

Doing AOS would be worth it for me, because it would guarantee I could see my spouse.

You could try to just go back to ESTA but with an American spouse you could be denied entry. You don't seem to have any ties to France but you do have a significant travel history.

If you get the Greencard and then abandon it, then you could get another one through a spousal visa (no spouse of a USC lives in the US on a visa, the visa just allows initial entry to the US and they become a permanent resident upon entry.)

You could also get the Greencard and then get a reentry permit, which allows you to be out of the US for 2 years without abandoning your residency. That would give you time to figure out your life, and if you wanted to live in France you could give up the Greencard then.

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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Filed: F-2A Visa Country: Nepal
Timeline

I enter usa march 22 2016. And my date limit is until 19 jun, next sunday. It is verry difficult for me to take this desition. Specially with the short time i get.

In that case, my suggestion would be you go for AOS/EAD/AP. Apart from spending money on AOS, there will be nothing to regret later on even if you don't want the GC. If you don't go with that and later on got denied an entry to US because the officer senses an immigrant intent on you even though you are not planning for that, you will regret the decision of not going for AOS. You can travel on ESTA or tourist visa but since you are now married to a USC, the entry is all up to the discretion of the CBP and should not be taken for granted.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: AOS (apr) Country: Canada
Timeline

I'd like to came back 1 or 2 weeks after i leave. Yes my wife is coming with me. I am thinking about doing a little trip somewhere outside america and then come back on a ESTA visa. I hope it'll work. Ilove America, but i actually dont really want to stay here now, but i have to wait for my wife who is working here for 1 more year, then after we will leave. I just dont really want to deal with us immigration right now, i want to be free to do what i want, go everywhere i want when i want. Also, if in the future we want to move back to usa, i could apply for a spousal visa right? Thanks for your comment mallafri76, unfortunatly i didnt know about the VWP visa. Thats probably the best way we should have done it. I hope everything is gonna be fine if i am leaving now and want to come back in few weeks with a ESTA visa. Thanks y'all

I would apply for your greencard and get it and you can live 6 months a year outside of the USA!!! You dont want to deal with US Immigration? you will have to deal with them in 2 weeks when you try to get in and they DENY YOU! i believe you WILL be denied!!!

when you deal with immigraiton you have to make sacrificed.. so if you want to try your 'plan' out and not AOS do it.. but i would suggest stay here, apply for your AOS and get your greencard and once you get it go to france and travel for 6 months.

you will be free to go where you want, when you want if you get your GC if you dont get it, you WILL have a VERY hard time keep coming to the USA!

and you think on an ESTA you can come to america 3 months, leave for a month and keep coming back? If you and your wife break up as well you dont have a GC and it will be harder after that to come here.

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Ok well, i probably should follow your advice and apply for AOS AP and GC. Thanks for all the informations and advices. Im still gonna call the USCIS tomorow and see what they'll tell me. I let you know guys what they say after calling them. Thanks again to y'all. Hoppefully i'll take the right desition.

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The misinformation line should be interesting.

You're already married right?

Don't forget that if you do adjust your status, you will need to remove conditions in 2 years minus 90 days from the day you get a green card.


Also if you plan on leaving do so BEFORE June 19th. I understand that's 90 days but to continue to use the VWP you should make sure you don't go over the 90 days. Also visitor visas are cancelled upon receipt of the K1 visa because it's an non-immigrant visa with immigrant intent.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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