F-1 Visa, Tourist Visa, and Marriage

J

JohnnyBGoode

Registered Users (C)
Hi,
First post! I've been browsing this forum for almost 5 months, and I'd like to thank you all for the help I've found so far. You guys are awesome.
However, my immigration situation is becoming more and more complicated and the "search fonction" can't answer my questions anymore…
Here's my problem.
I arrived in the U.S. as an exchange student (F-1 Visa) from France in January. I met my girlfriend (US citizen) in February. My I-20 expired in May. We went in Canada to pay a visit to my girlfriend's family last month. I reentered in the U.S. on a tourist visa. It took me one hour to get it cause I hadn't booked a flight back to France cause sometimes I can be really stupid. They kept me for one hour, made me buy a flight to France and now I'm on a tourist visa in the U.S. My girlfriend and I want to get married because we just can't be apart. The interview shouldn't be a problem cause we live together and can prove it with bills. We're also ready to share phones, insurance, credit card etc.
Everything is fine so far right?
The problem is I need to go back to France late August to defend my thesis and get my Masters degree. I've read everywhere that when you fill the forms, you have to stay in the country until your I-131 is activated. Can I marry, fill all the forms, go back in my country and wait for my I-131 to be activated to be able to come back here? Cause I'm not sure I'll be able to reenter the country as a tourist right after I defend my thesis: they gave me such a hard time in Canada! And as I said, my girlfriend and I can't be apart for a long time so we'd like to avoid the K-1 process. What do you guys think? Thanks again for your help!
 
Seeing what happened the last time you entered the US, I would strongly advise you to marry and then depart the US. Your spouse should then sponsor your green card via the consular processing route.

JohnnyBGoode said:
Can I marry, fill all the forms, go back in my country and wait for my I-131 to be activated to be able to come back here?
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No one knows what all was entered into the system with regards to you. Play it safe. A green card via the Paris US Embassy should be wrapped in under a year. I am assuming you are a French citizen.

JohnnyBGoode said:
Ok. Do you think there's a possibility that the guys in Canada flagged me or something like that?
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Ok just to make sure: you're strongly discouraging me to file for AOS since I have to go back in my country in August am I right?
 
JohnnyBGoode said:
Ok just to make sure: you're strongly discouraging me to file for AOS since I have to go back in my country in August am I right?
Click to expand...

Even if you filed for AOS today, there is a slim to none chance of getting an advanced parole (I-131) in time for you to go back in August. And even then, the Advanced Parole document is technically a document used for short duration, urgent trips abroad rather than to complete a master's degree or for extended vacation trips as some may think.
 
Scary… So my application could fail if the immigration agents in Canada wrote something bad on my record… I guess I really have to enjoy my last month here. Hopefully I'll be back in less than a year.
This is mostly bad news but thanks for your help. :)
 
Let me make it clear. No one knows what was entered, if at all. The unknown is the scary part. For example, the officer could write a note stating that they made you buy a return ticket and you promised them you will leave on time. Now if you AOS, the adjudicator can accuse you of misrepresenting/lying at the POE. That is a world of bother in itself. This is just an example. Seeing that you need to be away in France anyway, it makes perfect sense to go the CP route. I hope this is clear. :)

JohnnyBGoode said:
Scary… So my application could fail if the immigration agents in Canada wrote something bad on my record… I guess I really have to enjoy my last month here. Hopefully I'll be back in less than a year.
This is mostly bad news but thanks for your help. :)
Click to expand...
 
This is very clear thanks. I just don't want to be stuck in France for months but it looks like it's the only safe way to live peacefully here.
 
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