I have read all the threads I could find on this topic, have searched over the internet as well and this is how I understand the process:
File i-130. Maintain student status while i-130 is in process. Leaving the country while on F1 with a pending i-130 is at one's risk though it seems not much fuss is made for people who do travel out. I read something regarding Advance Parole as well but my understanding is that you can only get that while you've already applied for AOS.
Now on to my story.
GF is coming to US to start a 2 year MBA program. We're planning on getting married soon after she gets here and will file the i-130. The hope is that it will be approved within those two years of her school and then she applies for AOS, gets EAD and there isn't an issue anymore. However if it does't the plan is for her to apply for OPT. Half way through her OPT I would be able to apply for citizenship. Once that happens everything becomes a non issue. However, I won't be able to do that until Feb of 2017. On the worst case scenario she would have to leave for a 2-3 months and I can then bring her in with a K visa.
Questions:
Does our plan seem feasible?
What can we adjust in our plan?
Can she apply for both i-130 and AOS at the same time?
What's the experience of people having been through this scenario?
Is travel out of the US OK?
Can she apply for OPT while having a i-130 pending?
File i-130. Maintain student status while i-130 is in process. Leaving the country while on F1 with a pending i-130 is at one's risk though it seems not much fuss is made for people who do travel out. I read something regarding Advance Parole as well but my understanding is that you can only get that while you've already applied for AOS.
Now on to my story.
GF is coming to US to start a 2 year MBA program. We're planning on getting married soon after she gets here and will file the i-130. The hope is that it will be approved within those two years of her school and then she applies for AOS, gets EAD and there isn't an issue anymore. However if it does't the plan is for her to apply for OPT. Half way through her OPT I would be able to apply for citizenship. Once that happens everything becomes a non issue. However, I won't be able to do that until Feb of 2017. On the worst case scenario she would have to leave for a 2-3 months and I can then bring her in with a K visa.
Questions:
Does our plan seem feasible?
What can we adjust in our plan?
Can she apply for both i-130 and AOS at the same time?
What's the experience of people having been through this scenario?
Is travel out of the US OK?
Can she apply for OPT while having a i-130 pending?
Comment