AOS after marriage & extended absence

[Jamar Locos 4]

*Warning: Novel ahead!*

I have a bit of a unique situation here and as I'm running through the guide's section of the site, I'd like to throw it out there for additional information from the VJ community.

My fiancé's K1 visa was just approved. We're waiting for it to arrive at the courier pick-up location we identified.

Right now I'm working over-seas as a contractor. I fully intend to finish up out here at the end of this year and return home with fiancé so we can get married and set up shop.

I just came across an opportunity to partake in a three month training course in Thailand. The problem is... it starts on January 3rd, lasting through til the 3rd of April.

Here is the break down:

-I will need to resign from my current job (planned to do it anyway after the new year) to attend the training. **It's a contract job anyway**

-Her K1 will have a 6 month validity from roughly the 13th of September (so expiration I expect to be 13th of March). This is not confirmed yet as we are waiting for the Visa in hand.

-My fiancé (will be my wife by that time) will accompany me to this training course in Thailand for 3 months.

So my concerns...

-Will it be possible to file for the AOS if I am unemployed? I do have money saved up (not sure of the poverty line for savings)... and upon completion of that training course, it will be very easy to secure a job. I could even get a contract gig again over-seas if I wanted to. I know that probably bears nothing meaningful on the folks who review the AOS (support form and all), but I figured I'd throw that out there.

-My wife will accompany me on this 3 month endeavor in Thailand, so she won't be physically present in the US.

-The plan is for a great deal of travel in a short period of time, since we only have 3 months left until the class starts.

-We'll have to fly to the US, get married, and turn around to get to Thailand before the course starts.

-Will a "travel request" or whatever it's called be good? Or will we face problems upon re-entry since we almost literally "turned & burned" after getting hitched.

Sorry for the long post. I am in information gathering mode. I figured I could surf the site, Google, and return to the forums for advice. Thanks!

[Jamar Locos 4]

I probably should have placed this in the AOS forum. I apologize for that.

[A'n'L 735]

I'm sorry to tell you, but your plan won't work. If she wants to re-enter the US, your wife cannot leave without advance parole (AP). She can apply for AP along with AOS, but it will take about 3 months to receive. During that time she needs to be present in the US.

For your first question, you can use savings for AOS. You need 3x the 125% poverty limit to do that. Otherwise, you could use a joint sponsor. Potential for future hirings holds no weight.

Edited September 30, 2016 by A'n'L

[Adil & Jeanne 296]

And you can not delay her coming as she needs to travel within 6 months of her medical exam to the US not the interview date

need to come here and marry within 90 days

apply for AOS

Can she stay with relatives while you do this 3 months of training?

[Jamar Locos 4]

Got it. I guess we'll have to push back. Doing this (the marriage, AOS, GC) is far more important than the training course.

I will have to check on how it worked for others who married and brought their wife/husband with them back to work here as a contractor (many have).

[Georgia16 2,858]

It valid from the medical not from when it gets approved so that might also push it back a bit.

[Jamar Locos 4]

Right. Her medical was finished on the 13th of September. So I estimate 13th of March (but plan sooner than that).

I guess we'll just head back to the US for a little while. Get the rest of this paper-work headache out of the way first.

[C-ma'am 684]

**Post moved from K1 to AOS from family visas. Question is about that stage of the journey

[JR loves JR 196]

You could tweak your plan a bit... it's a little bit more challenging but do able. This would be a little strange as well. After approval she could stay in her home country until late February and then come to the USA. If your family is willing to host, she could spend the next 40 days or so planning your wedding, finding an apartment, etc before you rush home from training. You'd then get married, find a job, find an apartment, and file AOS. Does she speak fluent English? If I were your fiancé I wouldn't love the idea but if the training would lead to financial gain for us in the long run, I'd be willing to spend a few weeks getting to know my in laws without my fiancé. The timeline for being married is actually 6 months (entry to USA) plus 90 days (I-94) from the medical.

[Jamar Locos 4]

We're going to hold off on the training until she has her green card and that "advanced parole" and we'll look at the training course again after that.

On a side note: She now has her passport in hand with the visa. CEAC reported "Issued" on the 28th, and the passport was available for pickup in Dau (Pampanga) on the 1st.

Her visa has a five month window of usage (not six). It was issued on 28 September and expires on 28 February. The "issue" date was the same date that it was stamped "issued" on CEAC, not the date she finished her medical (which was earlier in September)... in case anybody was wondering or folks are running searches on the forum.

[A'n'L 735]

We're going to hold off on the training until she has her green card and that "advanced parole" and we'll look at the training course again after that.

On a side note: She now has her passport in hand with the visa. CEAC reported "Issued" on the 28th, and the passport was available for pickup in Dau (Pampanga) on the 1st.

Her visa has a five month window of usage (not six). It was issued on 28 September and expires on 28 February. The "issue" date was the same date that it was stamped "issued" on CEAC, not the date she finished her medical (which was earlier in September)... in case anybody was wondering or folks are running searches on the forum.

Alright, good. Just wanted to make sure you understand that AP is just a temporary travel document for use while waiting for GC processing. Sometimes, the GC can take a long time to be adjudicate (some have waited more than a year). In the meantime she can travel using the AP doc. Should the GC interview be scheduled while traveling, you will both need to return for that.

[KayDeeCee 4,893]

Her visa has a five month window of usage (not six). It was issued on 28 September and expires on 28 February. The "issue" date was the same date that it was stamped "issued" on CEAC, not the date she finished her medical (which was earlier in September)... in case anybody was wondering or folks are running searches on the forum.

If the medical was done early in Sept., then perhaps that is why the 5 months from issue. It is almost the same as 6 months from medical date, though early March would have been more accurate.

The expiration can be up to 6 months. It can be shorter based on if a medical condition is present, and the date of the medical exam.

https://fam.state.go...9FAM050207.html

9 FAM 502.7-5(C )(7) K Visa Issuance, Travel

(CT:VISA-1; 11-18-2015)

(Previous location: 9 FAM 41.81 PN3.6 b; CT:VISA-1097 10-31-2008)

a. K Visa Validity: K-1 and K-2 visas should be valid for six months for one entry. K- 3 and K-4 visas should be valid for multiple entries for 24 months, unless constrained by security clearance requirement or waivers, which are valid for a year or less. Unmarried aliens entering the United States as a K-4 should be admitted for a period of 24 months or until that alien’s 21st birthday, whichever is shorter (see 8 CFR 214.2(k)(8) and 8 CFR 214.2(k)(11)(v)).

(Previous location: 9 FAM 41.81 PN4.2; CT:VISA-1097 10-31-2008),

b. K Visa Annotations: The K visa should be annotated in the following cases:

(1) Medical Cases:

(a) When the medical examination has revealed a Class A tuberculosis or another Class A medical condition, and an INA 212(d)(3)(A) waiver has been granted, the visa should be annotated: “MED: 212(d)(3)(A).”

(b) When the medical examination has revealed a Class B tuberculosis condition or Class B leprosy, non-infectious, the visa should be annotated: “MED: Class B.”

Revisions to Visa Medical Examination Validities http://travel.state....s (02-2015).pdf

Per 9 FAM 40.11, notwithstanding the provisions of INA 221(C ), visa validity must be limited to the validity of the medical examination.

2. Medical examinations will be valid for six months for individuals with the following conditions:

a. No Class (i.e. No Apparent Defect, Disease, or Disability);

b. Class A, Other than TB;

c. Class B2 LTBI;

d. Class B3 TB (Contact Evaluation);

e. Class B, all except TB, including specific Class B conditions; and

f. Class B Other conditions.

3. Medical examinations will be valid for three months for individuals with the following conditions:

a. Class A TB with Waiver;

b. Class B1 TB, Pulmonary;

c. Class B1 TB, Extrapulmonary; and

d. HIV infection (with or without a TB Class).