Adding spouse to AOS application

A

aswaminathan

New Member
FACTS
I applied for an AOS in September 2001 and am awaiting approval. I\'m currently on EAD AP.
My fiance is a British citizen living in the UK.
We are getting married next month.
My fiance will remain in the UK until this summer to complete her education.

QUESTION
1. After we get married, can I add her to my AOS even if she is outside the US?
2. If she needs to be in the US to add her to the AOS, then can she leave the counrty as soon as the AOS adjustment is filed?
3. Will there be any restrictions on overseas travel?

Thank you very much for your response.
 
No Title

If you filed your AOS case at CSC, I would marry very soon. I have some cases from there that are coming back in as little as 6 months. If your AOS is approved before you get married, she will be in Britain a great deal longer unless she gets a Non-immigrant Visa on her own. I would get married and file a following to join case, unless she can get here on an H-1 or some other dual-intent non-immigrant Visa. In such case, you could include her in the AOS case.

Gabriel D. Jack
Attorney at Law
gjack@gabejack-law.com
650-743-6296
 
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