Questions about Advance Parole - Academic Research

[xyz xyz]

Hello all,

I am on F-1 visa, which will expire in June 2019. I'll marry my US citizen girlfriend in June. At the end of August, we plan to go to my home country for my academic research for more or less one year. Initially, I planned to apply for AOS and AP right after the marriage so that, after getting AP, I'd be able to come back for the marriage interview. After the interview, we would leave the US again. I thought doing academic research is a good excuse to explain why we do not stay in the US.

However, I've heard many things so I am getting confused. Should I do this through Consular process rather than Adjustment of Status? Is there anyone who did what I plan to do? (Getting Advance Parole, coming to the US with it for the interview, and then leaving). If what I am thinking is ridiculous, how long does it take to get the residency through the Consular process? I know it depends on the country and so on but I will just stay one year outside of the US for academic research but then I've to come back. So is it possible for me to get my residency in 12 months if we think of average for people who are married to US citizens?

Thank you so much.

[rayb]

You'll probably have better control over the process, and less hassle during the process, if you submit the I-130 to USCIS, Stateside, and be processed for the visa in her home country.

--Ray B

Hello all,

I am on F-1 visa, which will expire in June 2019. I'll marry my US citizen girlfriend in June. At the end of August, we plan to go to my home country for my academic research for more or less one year. Initially, I planned to apply for AOS and AP right after the marriage so that, after getting AP, I'd be able to come back for the marriage interview. After the interview, we would leave the US again. I thought doing academic research is a good excuse to explain why we do not stay in the US.

However, I've heard many things so I am getting confused. Should I do this through Consular process rather than Adjustment of Status? Is there anyone who did what I plan to do? (Getting Advance Parole, coming to the US with it for the interview, and then leaving). If what I am thinking is ridiculous, how long does it take to get the residency through the Consular process? I know it depends on the country and so on but I will just stay one year outside of the US for academic research but then I've to come back. So is it possible for me to get my residency in 12 months if we think of average for people who are married to US citizens?

Thank you so much.

[xyz xyz]

You'll probably have better control over the process, and less hassle during the process, if you submit the I-130 to USCIS, Stateside, and be processed for the visa in her home country.

--Ray B

So, just to clarify, is the I-130 should be submitted in the USA even if we prefer consular process for the rest of the process? May submitting I-130 in the USA help us to speed up the consular process?

Thank you very much

[rayb]

There is a possibility that you have misinterpreted what you have read or head about Consular processing. There is "Direct Consular Processing," (DCF) if the petitioner has a history of legal residency in the applicant's country, and this can be faster than standard immigrant visa processing.

But you may be asking about standard immigrant visa processing, in which the final interview is done at the U.S. Embassy in the applicant's' country.

If he applicant is currently in the U.S., and the petitioner is a U.S. citizen with "immediate priority" visa class eligibility for the applicant, the applicant can be processed entirely in the U.S.

In both instances above the I-130 is submitted to USCIS Stateside. But for the latter instance, final processing in the U.S., you simply ignore National Visa Center correspondence and proceed with the Adjustment of Status procedure when the I-130 has been approved by USCIS.

--Ray B

So, just to clarify, is the I-130 should be submitted in the USA even if we prefer consular process for the rest of the process? May submitting I-130 in the USA help us to speed up the consular process?

Thank you very much

[xyz xyz]

There is a possibility that you have misinterpreted what you have read or head about Consular processing. There is "Direct Consular Processing," (DCF) if the petitioner has a history of legal residency in the applicant's country, and this can be faster than standard immigrant visa processing.

But you may be asking about standard immigrant visa processing, in which the final interview is done at the U.S. Embassy in the applicant's' country.

If he applicant is currently in the U.S., and the petitioner is a U.S. citizen with "immediate priority" visa class eligibility for the applicant, the applicant can be processed entirely in the U.S.

In both instances above the I-130 is submitted to USCIS Stateside. But for the latter instance, final processing in the U.S., you simply ignore National Visa Center correspondence and proceed with the Adjustment of Status procedure when the I-130 has been approved by USCIS.

--Ray B

I see. OK I am being a little clearer because probably I couldn't explain myself, which caused a misunderstading.

I am the one who is holding F-1 visa. The visa is valid until June 2019.
I and my fiancee (US citizen by birth) plan to marry in June 2017. However, I will be in my home country between September 2017 and August 2018 for academic research. She most probably will be with me during this period in my home country.

So, what we initially planned is to file Advance Parole (I-131) along with I-130, I 485 and other documents right after the marriage. So I would be able to get Advance Parole until September 2017 and we would leave the US. When they give us an interview date, we would come back to the US for the interview and I would not have any problem because I would have Advance Parole. And after the interview, we would go back to my home country since I will need to do my research. We thought this plan makes sense because I am in my home country for academic research and she just wants to be with me instead of staying in the US for one year. So does this plan make sense?

If it does not make sense, probably I will need to do this in my home country. This time, again she will be with me in my home country. So she can give the petition to the American Consulate in my home country. Probably this is direct consular processing? However, my concern is that this process should not exceed 12 months because I have to come back to the US to write my dissertation, keep teaching etc. In the meantime, does it make a difference if she mails I-130 in the US before we leave the US? We will take care of the rest of the process in my home country.

To be honest, before we learned all these bureaucratic and legal difficulties, we thought we can just marry and leave the US. After one year, we can come back and I can re-enter with my F-1. But probably if we do this, when we apply for Adjustment of Status later after we come back to the US, it might be counted as fraud because I will be married to a US citizen and re-entered the US on F-1.

I know the situation is complicated but I am just confused about what to do.
Thank you so much