Aaron and Eve

Pardon my excitement but my fiancee and I are somewhat new to this...
Well here's the deal: I am here on an F1 student visa, I have been for two
year and during this time have been living with my boyfriend (now fiancee).
We are planning to get married in June but this, we have found, poses
several problems:

a) We want to honeymoon in Europe (I am from London), is it true that I
can't travel during AOS?
b) I would like to take a break from school for 1 semester, but apparently I
have to stay in my F1 status while AOS takes place...?
c) I would like to work during this semester of but F1 student holders are
not permitted to work...?

Can anyone answer these connundrums for us - we would be most greatful!
Also: how long would it take if I were to go back to london and come back on
a K1/K3 visa?

THanks guys Im sure you understand what a pickle we are in
xxx

LucyMO

Yes, you can travel during your AOS, if you apply and receive Advance Parole (travel document). Keep in mind that it may take several months to get one (so if you are planning to travel outside the U.S. for your honeymoon right after your wedding -- you may have to postpone your trip). If you leave the country without AP, you are considered to have abandoned your AOS application. And since you just showed immigrant intent by marrying a citizen -- your chances of getting a non-immigrant visa, like F-1, are pretty much null.

After you apply for AOS, you are getting a new status - AOS pending. You do not have to maintain F-1 status.

F-1 students are not permitted to work off campus without a work permit from INS (usually, hardship, but it's hard to prove, especially since you are from a civilized country). They are allowed to work up to 20 hours a week on campus. In case of a Curricular Practical training, you can have an internship, off campus, but you have to request a work permit from your International Office, and your work has to be essential to your degree.



I don't know anything about K visas, so I can't help you on that one. But do you want to be separated even for several months?

Ingo Pakleppa - see web site for email

On Thu, 06 May 2004 21:43:48 +0000, Aaron and Eve wrote:

    > Pardon my excitement but my fiancee and I are somewhat new to this...
    > Well here's the deal: I am here on an F1 student visa, I have been for
    > two year and during this time have been living with my boyfriend (now
    > fiancee). We are planning to get married in June but this, we have
    > found, poses several problems:
    >
    > a) We want to honeymoon in Europe (I am from London), is it true that I
    > can't travel during AOS?

Yes, but you can apply for permission to travel (known as Advance Parole).
USCIS offices are supposed to issue it essentially for the asking (it can
take three to six months, though). I have also heard of some USCIS offices
that refused to issue Advance Parole altogether, although that information
is a bit outdated, and I hope these problems have been rectified.

    > b) I would like to take a break from school for 1 semester, but
    > apparently I have to stay in my F1 status while AOS takes place...?

No problem. Your F-1 automatically ends when you file AOS, and instead you
end up with a new status "pending AOS" that allows you to do almost
anything you want, including work and study.

    > c) I would like to work during this semester of but F1 student holders
    > are not permitted to work...?

Apply for employment authorization together with your AOS.

    > Can anyone answer these connundrums for us - we would be most greatful!
    > Also: how long would it take if I were to go back to london and come
    > back on a K1/K3 visa?

Forget that option. The petition will take at least six months, and can
take much longer than that.

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