F-1 OPT, Can I travel out of USA after marrying to USC & before applying for AOS?

[steken]

Hello,
I am on F-1 OPT stem extension which is valid for another two years, also my F-1 visa is valid for another two years. After getting married to my spouse who happens to be a US citizen, can I go out of country for honeymoon and not apply for adjustment of status until after I come back?
Can I re-enter on F-1 OPT and apply for AOS?
Will this jeopardize my future AOS application?
Does it have any issues/ threats?
Thank you!

[azblk]

Hello,
I am on F-1 OPT stem extension which is valid for another two years, also my F-1 visa is valid for another two years. After getting married to my spouse who happens to be a US citizen, can I go out of country for honeymoon and not apply for adjustment of status until after I come back?
Can I re-enter on F-1 OPT and apply for AOS?
Will this jeopardize my future AOS application?
Does it have any issues/ threats?
Thank you!

You should not enter the US using a non-immigrant visa with the intention of adjusting status. So if the end goal is to AOS, you should not do it. If the CBP officer at POE suspects your intentions are to AOS they will DENY your entry even if your F-1 is still valid. You are better off applying for AOS including advance parole and then go on honeymoon when your advance parole is approved.

Any thing else is taking unnecessary risks.

That being said if you left on your F-1/OPT and successfully re-entered after your honeymoon, you can AOS with no problem if you so desire.

[steken]

You should not enter the US using a non-immigrant visa with the intention of adjusting status. So if the end goal is to AOS, you should not do it. If the CBP officer at POE suspects your intentions are to AOS they will DENY your entry even if your F-1 is still valid. You are better off applying for AOS including advance parole and then go on honeymoon when your advance parole is approved.

Any thing else is taking unnecessary risks.

That being said if you left on your F-1/OPT and successfully re-entered after your honeymoon, you can AOS with no problem if you so desire.

Thank you! So how long will it take to obtain AOS with Advance Parole to be able to travel?

[newacct]

Thank you! So how long will it take to obtain AOS with Advance Parole to be able to travel?

I would say plan for 5 or 6 months.

[azblk]

Thank you! So how long will it take to obtain AOS with Advance Parole to be able to travel?

I just read in another thread that your Fiancee is a LPR and not a US citizen. That changes things quite a bit. You will not be able to AOS until your priority date become current which will take about 2 years or so unless your spouse naturalizes before that.

[pmf123]

don't see the wait as negative, take the time to save, and go on a better honeymoon 8-)

[krypton9591]

I just read in another thread that your Fiancee is a LPR and not a US citizen. That changes things quite a bit. You will not be able to AOS until your priority date become current which will take about 2 years or so unless your spouse naturalizes before that.

Not to mention the fact that if she is claiming to be a USC(not sure if he just typed that as a mistake or if she's claiming it as well) without being a USC that's going to open a whole new can of worms on top of him having to wait until his parole date becomes current.

[azblk]

Not to mention the fact that if she is claiming to be a USC(not sure if he just typed that as a mistake or if she's claiming it as well) without being a USC that's going to open a whole new can of worms on top of him having to wait until his parole date becomes current.

Something is not adding up here. On the other thread the fiance is a green card holder and the op is on B1/B2. Either they asking for friends or they are asking hypothetical questions.

https://www.immihelp.com/forum/showthread.php/215178-Marriage-to-green-card-holder-while-on-B1-B2?p=485010#post485010

[steken]

Something is not adding up here. On the other thread the fiance is a green card holder and the op is on B1/B2. Either they asking for friends or they are asking hypothetical questions.

https://www.immihelp.com/forum/showt...010#post485010

Hello guys, the other post with LPR spouse was for a friend. Thanks!