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tokori

not sure if this is legal or not...?

By tokori in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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tokori Apprentice

tokori   0

Posted
Filed: Timeline
Posted (edited)

Ok so heres the deal.

My fiance is here on his F1 visa, since 2002, we met in 2006. He is in the process of applying for OPT to start in December 2007 for one year full time or two years part time.

He (as do I) also graduates from our graduate program in December and we are currently planning on eloping when we finish our thesis dissertations in mid-December.

:help:

here's where it gets gray for me:

We are going to Europe a week after graduation and marrying here in the US, (he is EU, I am US) to travel for two months before coming back to start work in late Feb or early March of next year in the states....

Is this technically legal for us to marry then leave and not file AOS until we return, since he is/will be here on an OPT/F1 legally? Or once we are married must we stay in the US regardless of if/when we apply for AOS?

Has anyone been in this sort of situation or can advise me on what the guidelines are in this circumstance?

Thanks Visa-Gurus!

Edited by tokori
thetreble Experienced

thetreble   19

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

People are going to say a lot of different things about this situation. You have three options as I see it:

A) Get married and leave the country to go to europe. When you re-enter, say nothing of your marriage and just enter on his visa and you on your passport. Most ppl would say this is not the best way to do things. But it seems like it might be possible. If you tell the POE officer that you are married on your re-entry, I think it might be a sticky situation.

B) Get Married and stay.No europe.

C) Go to europe and get married once you return at some point. Some might say this is also not a great thing to do but all I am looking at right now is what your options may be.

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

Cécy Proficient

Cécy   44

Posted
Filed: Citizen (pnd) Country: France
 Timeline
Posted

An other option would be to get married before and apply for AP so you can travel to Europe.

08.2006: Entered with a B-2 visa.

07.06.07: Civil Wedding

07.17.2008 AOS approved with interview. It took 367 Days!

11.08.08: Big family wedding

09.18.09-10.03.09: First trip to France with Hubby

I-751

04.19.10: Package sent to Vermont

04.21.10: Delivered in Vermont

04.22.10: NOA date

04.23.10: Check cashed

05.17.10: Received biometrics appointment letter

06.07.10: Biometrics Appointment

06.26.10: Touched

07.07.10: Card Production Ordered!

07.17.10: Card in the mail :) Done until citizenship

French Thread I

French Thread II

Killer_Clown_2009 Proficient

Killer_Clown_2009   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted (edited)

You really should ask an immigration lawyer (some give free advice on their own site forums). You'll get a lot of conflicting opinions (and possibly a fight will start) here.

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

thetreble Experienced

thetreble   19

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
An other option would be to get married before and apply for AP so you can travel to Europe.

But the way she wants to travel shes not going to get AP in time. She would have to wait until let's say, next March to go to europe if she got marred in December.

Consult a lawyer, as jane said, if you don't know what to do.

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

Nancy2015 Proficient

Nancy2015   2

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
You really should ask an immigration lawyer (some give free advice on their own site forums). You'll get a lot of conflicting opinions (and possibly a fight will start) here.

Amen to that...

It is not illegal to be married to a U.S. citizen and enter the U.S. with a non-immigrant student visa after a trip to Europe. But it's illegal to intend to apply for AOS when you enter with an F-1. Please, talk to a good immigration lawyer.

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

tokori Apprentice

tokori   0

Posted
Filed: Timeline
  • Author
Posted

thing is, we aren't sure if we will stay in the US after school or not- honestly we might both move to canada....

soooooo anyone recommend a good immigration lawyer- online or who works in the state of NY and.//or is willing to help a poor graduate student with a simple question!?

Leney Community Regular

Leney   0

Posted
Filed: AOS (apr) Country: Scotland
 Timeline
Posted

I would not risk traveling afterwards, if you want to travel, travel before you get married, then come back and get married.

I-130 Filed - Sept. 15, 2006

129-F Filed - Oct. 27, 2006

I-130/129F Approved - Jan. 10, 2007

K3/K4 Visas Approved - May 4, 2007

~~~~Hubby and Son PoE Newark - May 27, 2007~~~~

EAD filed for Hubby - June 6, 2007

EAD NOA for Hubby - June 13, 2007

AoS filed for Hubby and Son - June 15, 2007

EAD for Hubby APPROVED! WOW!!!!!! - July 19, 2007

AoS Interview for Hubby and Son in Philadelphia - Friday, September 14, 2007 - APPROVED!

10 Year Green Cards Received!!!! - October 12, 2007

Done until naturalization!

m_7dc3c15c2e1d0eafb3d8770777862202.gif

tokori Apprentice

tokori   0

Posted
Filed: Timeline
  • Author
Posted
I would not risk traveling afterwards, if you want to travel, travel before you get married, then come back and get married.

hmmm thats kind of what I was thinking of also but my partner was more excited about doing it in December. It sounds smart to wait ..

 
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