B1/B2 Visitor Marrying USC. Travelling abroad Before filing I-485/I-130/I-131,Allowd?

[nuklep]

My fiancee (Visitor visa 10 year) has entered US 3 times on it so far; and I (Naturalized USC) wish to get married soon. We met about 5 months ago and have decided to tie the knot. There is no real hurry, except I'd like her to get a social sec number ASAP as it will help her make some professional progress.

We will have a social/religious wedding sometime in March 2014, but to expedite the process we are thinking of getting court marriage done. My plan is

1) Dec 2013 Court Marriage
2) Do NOT file any AOS related paperwork
3) Early Jan 2014 She goes to India to do shopping for our social wedding
---Returns back to USA in 3 weeks---
4) Late Jan 2014 File Paperwork for AOS (I-130, I-485, I-131 AP, I-765, I-864)
5) She continues living in USA, no more trips to India (so I-131 AP is not really necessary)
6) Early March 2014 We have our social/religious wedding ceremony


Is it advisable to perform a court marriage before she leaves? This will put put some time between getting married and filling all the forms ... I am assuming this would help ... is that correct?

Will her Visitor visa be affected if we don't file any paperwork when she goes back? Will she be able to enter US again.

Thanks.

[rayb]

If you have a civil marriage before your gal leaves, then she attempts to reenter on the same visitor visa, she runs a risk of being denied entry (and returned to India).

If asked if she is married to someone residing in the U.S., or whether visiting a husband, a basis for denial of entry exists when she admits such marital relationship.

If not asked (and not voluntered), often depending on her "demeanor," she is okay.

I had submitted an Adjustment package for a Filipina who had married in the U.S. while in the U.S. on a visitor visa. During he subsequent processing, she had to return home for a business emergency. Upon attempting to return (at Seattle or Portland), she was asked if "married," and denied being married, Something about her demeanor made the office suspicious, so they searched her handbag, found phone numbers, and called her daughter, who was at home waiting for mom to show up. The immigration asked if mom was married, and the daughter replied "yes." Mom was returned to her last airline origin, Taiwan, for "lying to a Federal officer," and given a "lifetime bar" for the offense. Had she replied in affirmative when asked if she was married, she "might" have been returned anyway, but "without prejudice" for a future reentry (on different visa type).

Her Adjustment of Status procedure (and fees) were then considered abandoned.

--Ray B

My fiancee (Visitor visa 10 year) has entered US 3 times on it so far; and I (Naturalized USC) wish to get married soon. We met about 5 months ago and have decided to tie the knot. There is no real hurry, except I'd like her to get a social sec number ASAP as it will help her make some professional progress.

We will have a social/religious wedding sometime in March 2014, but to expedite the process we are thinking of getting court marriage done. My plan is

1) Dec 2013 Court Marriage
2) Do NOT file any AOS related paperwork
3) Early Jan 2014 She goes to India to do shopping for our social wedding
---Returns back to USA in 3 weeks---
4) Late Jan 2014 File Paperwork for AOS (I-130, I-485, I-131 AP, I-765, I-864)
5) She continues living in USA, no more trips to India (so I-131 AP is not really necessary)
6) Early March 2014 We have our social/religious wedding ceremony


Is it advisable to perform a court marriage before she leaves? This will put put some time between getting married and filling all the forms ... I am assuming this would help ... is that correct?

Will her Visitor visa be affected if we don't file any paperwork when she goes back? Will she be able to enter US again.

Thanks.

[nuklep]

If you have a civil marriage before your gal leaves, then she attempts to reenter on the same visitor visa, she runs a risk of being denied entry (and returned to India).

If asked if she is married to someone residing in the U.S., or whether visiting a husband, a basis for denial of entry exists when she admits such marital relationship.

If not asked (and not voluntered), often depending on her "demeanor," she is okay.

....

--Ray B

Thanks! Ray

Followup questions:

1) How long does it generally take for AP to be approved? (after we file all the forms)?
2) Is there value in trying to put some time between Civil Marriage and filing of all the paperwork?

My other plan would be
1) Mid Dec Court marriage
2) Within 1 week: File paper work
3) Unknown Date: Wait for AP and then travel to India
4) Unknown Date: social Marriage

I'm trying to get an estimate on these unknown dates.
Thanks.

[rayb]

Nuklwp,

1. Two-three months has been my recent timeframes for Advance Parole (on combo cards with Employment Authorization) to be issued, or by itself (without Employment Authorization). Two months has been the shortest time I have seen (from 20 or so submittals in the last 23 months).
2. I normally submit these packages as soon as a marriage cert copy is available.

--Ray B

Thanks! Ray

Followup questions:

1) How long does it generally take for AP to be approved? (after we file all the forms)?
2) Is there value in trying to put some time between Civil Marriage and filing of all the paperwork?

My other plan would be
1) Mid Dec Court marriage
2) Within 1 week: File paper work
3) Unknown Date: Wait for AP and then travel to India
4) Unknown Date: social Marriage

I'm trying to get an estimate on these unknown dates.
Thanks.

[nuklep]

Ok, best is to wait for our civil marriage until after her India trip. No risks that way. Don't want her stuck out of the country. Thanks Ray.

Nuklwp,

1. Two-three months has been my recent timeframes for Advance Parole (on combo cards with Employment Authorization) to be issued, or by itself (without Employment Authorization). Two months has been the shortest time I have seen (from 20 or so submittals in the last 23 months).
2. I normally submit these packages as soon as a marriage cert copy is available.

--Ray B

[nuklep]

During this process (filling the i-130 i-485 etc package) when can she apply for a SSN?

Nuklwp,

1. Two-three months has been my recent timeframes for Advance Parole (on combo cards with Employment Authorization) to be issued, or by itself (without Employment Authorization). Two months has been the shortest time I have seen (from 20 or so submittals in the last 23 months).
2. I normally submit these packages as soon as a marriage cert copy is available.

--Ray B

[rayb]

If you included an I-765 form with your Adjustment package, she can apply for an SSN when she gets the interim Work Authorization card. Otherwise, she can't apply for an SSN until she has her Green Card.

--Ray B

During this process (filling the i-130 i-485 etc package) when can she apply for a SSN?