khai ko

I recently became a naturalized US citizen and my girlfriend (who is also from the same country as I am) is a F-1 student in the US. (She has a 5 year student visa). We both want to go back to our native country for a few weeks to get married and then travel back to the US. What documents will we need to prepare/file for our smooth travel and then to apply for her Green Card when we return?

Thanks for your help.

Folinskyinla

Hi:

Is you intention that she return on her F-1 visa in order to resume her studies AND also to start processing for a green card? Note the emphasis on the word "AND."

This gets into a tricky area of law -- when a B-2/VWT is invovled, it is what I call the "ten foot pole" -- but for the existence of the venerable "Hosseinpour" case, I am not sure if this is in 10 foot pole area, but it is close enough that there might might not be a smooth entry or subsequent adjustment.

You might want to consult IN PERSON with an experienced immigration attoreny on this one. That is my advice at present.

hcj1440

Why not marry here first in a civil ceremony, file for her GC and get Advance Parole, then go to your home country for the religious ceremony. IMHO that would be the "smoothest" road.

ania

This is exactly how we did it. I had my F-1 visa (or rather status). First we got married by a judge with a small ceremony at the house with just some close friends and family. After we filed for AOS and Advanced parole, we went to my home country for a religious, big wedding ceremony. When we got back, I still continued with my college.

Good luck!

khai ko

That seems like a good idea. We are just not sure whether all the AP paperwork will come through in time before our departure for the already 'planned' wedding back home, but I think we will consider this option.

Yes, our original thought was to return to US after the grand wedding back home and then do a court marriage here and then file for her AOS & GC. But for the sake of our knowledge, we are curious to learn how would this make the US authorities at the port of entry or during the AOS interview unhappy. We can not intuitively see how we would be breaking any immigration laws if she returned on her F-1 visa (to continue her studies, of course) and then file for AOS (the marriage with a US citizen was not 'planned' when the F-1 visa was originally issued to her).

Folinskyinla, could you please briefly explain the Hosseinpour case or direct us to more information on it?

Thanks a lot and hope you pardon our naivity !

khai ko

Just wanted to push this on the top as I am still curious about the answers.

So is the point then that a F-1 student can not travel back to US on his/her F-1 visa if s/he (say falls in love and) marries a US citizen abroad?

How else can s/he travel back to the US? What am I missing?

hcj1440

I don't know about the court cases but this is my understanding...

The problem is not what the intention was when the F-1 was originally issued. What may be a problem is the intent on the last entry on the F-1 (after your marriage ceremony in your home country). If you marry in the US first and get the AOS paperwork filed and get an AP, then there is (presumably) no question about the intent on the last entry before AOS was filed. If you get married in your home country first, there could be a question because she would be entering the US again on a non-immigrant visa when she quite clearly has immigrant intent.

Not saying "will" -- just "could" -- and if you are dead set on marrying in your home country first, you should definitely consult an attorney. If you can postpone the ceremony until you get your AP, that is probably the path of least resistance.

khai ko

Thanks for the clarification...it seems to make sense now.

My only other questions are :

What forms do we need to file for her AOS and then request a Advance Parole? Are they I-130 and I-485? and then I-131 for AP?

My other concern is: What state do I file those form in? She goes to college in SC and I live and work in NY. Is it possible that I file all those forms in NY? I think that SC has had a serious backlog in processing times (although the recent updates shown on USCIS website shows they're catching up). I fear that anything filed in SC will still likely have a delayed processing...We are really hoping to get her AP in time before our planned departure.

Also, could our separate places of residences be a de-merit in her AOS processing/interview in general?

Noorah101

Yes, that's correct, plus any backup forms required (such as I-864, G-325A, etc). It usually takes 2 to 3 months to receive AP after filing for it.

No, the whole AOS package gets sent to the Chicago lockbox address.

Everything gets filed at the Chicago lockbox, but you will have your interview at your local district office (not sure if you're going to use NY or SC, I guess you have to decide which one is actually your "permanent" address). Don't worry about processing times for the AOS interview, nothing you can do to speed it up, it will come when it comes...anywhere from a few months to a year later.

You must have evidence that you share a joint life, and that you use one permanent address. It's acceptable to be temporarily separated for work or school purposes.

Best Wishes,
Rene

khai ko

Thanks Noorah.

Some questions come to mind.

Do we wait to receive some kind of receipt/approval of the filed I-130 before my to-be-spouse files I-485 or do we send these two forms together at the to the Chicago lockbox?

Also, when in the process does she need to file the I-131 (for AP)?

She is doing grad school full time in SC and uses her SC address for all purposes. However, will it be acceptable if we list my NY address as also her address in I-130/I-485/I-131 forms although she hasn't really used it ? (again, our hope is to have the AOS interview at the NY office and avoid any interview/processing at the SC offices)

Finally, what could be some acceptable evidences of joint life in our case, specially because of the short time between our court marriage (say, next month) and filing for her AOS immeditely afterwards?

Noorah101

You file the I-130 and the I-485 at the same time, together, to the Chicago lockbox, after you are married and have the certified copy of the marriage certificate in hand.

Send the I-131 also along with the I-130 and I-485 package, to the Chicago lockbox. Also for I-765 for EAD if she wants to have permission to work.

If NY is going to be your permanent address, use that on all the forms. Make sure you will have joint bills, joint bank accounts, etc, coming to the NY address. You're supposed to use the local office associated with your permanent address. If you want to use NY for your AOS interview, you should use the NY address for everything.

Joint life evidence can be, for example, bank accounts, credit cards, bills, memberships, car insurance, health insurance, beneificiary forms for life insurance, retirement accounts, wills, rental agreement, mortgage, cards & letters addressed to both of you, junk mail addressed to both of you, proof of travel together, and photos together, for example. But you won't have to show any of this until the AOS interview, which will be some months later, so you'll have time to gather these documents. You won't be sending those in when you file your AOS paperwork. You'll take them to the interview when it comes up.

Best Wishes,
Rene

khai ko

Thanks Noorah for the clarification. I have some more questions!

How long is an Advance Parole valid till?

What happens if our I-130 petition approval, AOS interview date or any other follow up notification/actions happen to fall on a date when we are out of the country ?

Thanks

ian-mstm

AP is usually valid for one year.


The only issue is if you get an interview date during the time you're out of the country. You put your entire immigration status in jeopardy if you miss the AOS interview. You can reschedule, but you should only do so if you're prepared to start the whole process over again. If you get an interview date, return to the US and go to it!

Ian

Noorah101

It's valid for 1 year, for multiple entries, if that's the option you choose on the form.

It's highly recommended to attend the AOS interview when it is scheduled. The notice usually comes at least a few weeks ahead of the interview date. You'll need to have someone here checking your mail to let you know when the interview date is, and you will need to come back to the USA to attend it. Well, it's HIGHLY recommended to do that. If you miss it, you'll be considered a no-show and your case will be closed.

You need to return to the USA before the AP expires. If you need to renew the AP, you'll need to apply for it from the USA a couple of months before the current one expires.

Best Wishes,
Rene

khai ko

I will be receiving my US passport next week. I want to marry my gf immediately after that in court here in US and then file for her AOS and AP. I noticed above it was mentioned that it could take up to 3 months to receive AP. My main concern is that the big wedding in my home country is planned in the last of week of June 07, and I really want to be sure the AP arrives in time for us to travel to attend our wedding back home.

How long does it usually take to apply, get married and receive a marriage certificate from a US court? Does the AP always take up to 3 months from the date AOS is filed? Will I be cutting it really close for our June travel if we start our process next week (court marriage and then AOS and AP filing)?