Graduating f-1 student married to US citizen traveling

[Leishen]

Hello,
as the title says I am a graduating f-1 student from germany and married to a US citizen since april 17th 2018. We are planning on going through the whole green card process. I130, I485 and I765.
We are planning on going on a short vacation outside of the US this summer right after I graduate. This will mean that my f-1 visa will not be valid anymore. I have a couple of questions on how to proceed. Hopefully you guys can help point me in a direction.

Do we apply before we leave on vacation or after?

If before:
Will my application be viewed as abandoned if I leave while the application is pending?
If not, how will I enter the US? As a tourist?
Im assuming there is not enough time for "advanced parole"

if after:
Same question. How do I enter the US legally?

Or do we have to scratch the whole trip?

Hopefully you guys can clear something up for us.

[hopeanddream]

Hello,
as the title says I am a graduating f-1 student from germany and married to a US citizen since april 17th 2018. We are planning on going through the whole green card process. I130, I485 and I765.
We are planning on going on a short vacation outside of the US this summer right after I graduate. This will mean that my f-1 visa will not be valid anymore. I have a couple of questions on how to proceed. Hopefully you guys can help point me in a direction.

Do we apply before we leave on vacation or after?

If before:
Will my application be viewed as abandoned if I leave while the application is pending?
If not, how will I enter the US? As a tourist?
Im assuming there is not enough time for "advanced parole"

if after:
Same question. How do I enter the US legally?

Or do we have to scratch the whole trip?

Hopefully you guys can clear something up for us.

Well, first off have you completed your Optional Practical Training? if no, then you can leave the country and come back, but if yes you have then when you leave you cannot enter back unless you have a advanced parole. Also if your SEVIS has more days left even then I am sure immigration guys will not allow you, as you are already done with your school, unless you have a very good reason ( like some credits remaining, or grad ceremony or job etc). I would suggest you wait and file for advanced parole, and if your state has faster processing then you may get advanced parole faster.

From your question it looks like you qualify for 1 year OPT period, so after graduation you will have 90 days unemployment time. so may be you can go out of country and comeback. it would be better to have a job offer before you leave.

[azblk]

Hello,
as the title says I am a graduating f-1 student from germany and married to a US citizen since april 17th 2018. We are planning on going through the whole green card process. I130, I485 and I765.
We are planning on going on a short vacation outside of the US this summer right after I graduate. This will mean that my f-1 visa will not be valid anymore. I have a couple of questions on how to proceed. Hopefully you guys can help point me in a direction.

Do we apply before we leave on vacation or after?

If before:
Will my application be viewed as abandoned if I leave while the application is pending?
If not, how will I enter the US? As a tourist?
Im assuming there is not enough time for "advanced parole"

if after:
Same question. How do I enter the US legally?

Or do we have to scratch the whole trip?

Hopefully you guys can clear something up for us.

It is unlikely you will get you will get advance parole in time. Hold off taking that trip until you get advanced parole - that's the simplest solution. Anything else is chancing it.

[Leishen]

I have not completed an opt. We thought we would just start the green card process instead of opt since both takes time. To hopeanddream, so what does that mean in terms of how I enter the US and if we should apply now for AOS or after the trip?

[azblk]

I think she means you can apply for OPT and go to your vacation while on OPT. When you return you then file AOS.

[Leishen]

The reason we decided not to do an opt is because at end goal is the same so why not start the aos process instead of opt?

[azblk]

The reason we decided not to do an opt is because at end goal is the same so why not start the aos process instead of opt?

Basically if you start AOS you can not leave the country until you receive AP or your green card. Depending on your local office it could even take 2 years.

[Leishen]

Ok that means, we should start the aos after the trip. This leaves the problem of me entering the US.

If I go the OPT route and send out the application and then leave for vacation, I have read that I might risk being denied entry.

In both cases I have same issue it seems. The flight and hotels are booked already and i know it is my fault for not informing myself prior.

What steps would you guys recommend me take from here?

[newacct]

It can take 5 or 6 months to get EAD/AP these days. If you can wait that long before going on your trip, you can file AOS now.

[Leishen]

Alright so far from all replies, I gather that my best option would be to apply for OPT then go on the trip and come back. Then while im on OPT to apply for AOS/EAD.

Is that correct?

[newacct]

Alright so far from all replies, I gather that my best option would be to apply for OPT then go on the trip and come back. Then while im on OPT to apply for AOS/EAD.

Is that correct?

The problem with that is you are not supposed to enter on an F-1 visa with intent to file AOS during that stay.

[Leishen]

So we are back to applying for aos after the trip?

[azblk]

Best case is to postpone the trip. If the CBP suspects you will AOS when you enter they might refuse you entry.