marry when in AOS status (485)

K

kcguy2004

Registered Users (C)
Hi All,

I'm in AOS (485 pending).
I will be getting married to a F1 visa holder in India this year end.
Will she be able to come back into the US on her F1 visa?

Keep the faith. :rolleyes:
 
kcguy2004 said:
Hi All,

I'm in AOS (485 pending).
I will be getting married to a F1 visa holder in India this year end.
Will she be able to come back into the US on her F1 visa?

Keep the faith. :rolleyes:
Click to expand...
In all probability YES. (assuming she has a valid & endorsed I-20)
Getting a F1 visa after getting married would be a problem -- I've not heard of trouble trying to re-enter on F1.

btw, am assuming that she is currently in the US attending school ... and she's going to get married and come back & continue that.
 
kcguy2004 said:
Hi All,

I'm in AOS (485 pending).
I will be getting married to a F1 visa holder in India this year end.
Will she be able to come back into the US on her F1 visa?

Keep the faith. :rolleyes:
Click to expand...


I believe as long she has valid visa she won't have any issue to come here.


Be aware of somthing, it seems u are not.

If your 485 get approved before ur marriage, then the path u both walk would be very painful. It means that if u get married after ur G.C she wouldn't wuuld fall in 'Family based' catagory to get her status.

Good News is if u get married before your G.C and
If she is here u can file her 485 as dependant
and
if she is not here and u already have marriage-lock, and u get approved you will go on FTJ (following to join) path.

What is FTJ? its the process for spouses to get Immigrant-visa through consular process and get their GC. in FTJ situation she won't need to wait visa-numbers/numerical limit restriction neither u need to file 130. to learn more about FTJ ths link is there

http://boards.immigrationportal.com/showthread.php?t=96693&page=80&pp=15

read the page 70 - last.


Bottom line is You must get married before ur 485 get appvd, or u will be forced to go a painful route of 130/family based that take upto 5+ yrs.


Good Luck
 
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civil marrige here in the US

thanks a lot for the replies people....

the tentative plan is:

1> Do a Civil marrige here in the US.
2> Go to India and do the religious marrige
3> She comes back on F1
4> I attached her to my pending 485
5> Live happily ever after! :D

any thoughts?!

have a nice weekend folks!
 
kcguy2004 said:
thanks a lot for the replies people....

the tentative plan is:

1> Do a Civil marrige here in the US.
2> Go to India and do the religious marrige
3> She comes back on F1
4> I attached her to my pending 485
5> Live happily ever after! :D

any thoughts?!

have a nice weekend folks!
Click to expand...

Good smart thinking just modify this to make life easy and safe side,

1> Do a Civil marrige here in the US.
2> File her 485 with 131(advance parole) this will make sure
and she won't have any issue to return to U.S
Warnning: DO NOT LEAVE U.S WITHOUT ADVANCE PAROLE OR SHE WON'T BE ABLE TO GET BACK. According to law alien can't leave wihout permision while 485 is pending.
3> Go to India and do the religious marrige
4> She comes back on based 131/Adv parole
5> Live happily ever after! :D
 
Last edited by a moderator:
kcguy2004 said:
thanks a lot for the replies people....

the tentative plan is:

1> Do a Civil marrige here in the US.
2> Go to India and do the religious marrige
3> She comes back on F1
4> I attached her to my pending 485
5> Live happily ever after! :D

any thoughts?!

have a nice weekend folks!
Click to expand...
I agree with POJ

Once you get married in the US, you are considered married for immigration purposes.
So file her 485 and Advance Parole before leaving the US.

But AP processing is taking about 2 months - so you want to get the civil marriage done ASAP if you want to travel in Dec this year. (Since you will need the approved AP before leaving)

Then she will be guaranteed entry.
 
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