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Questions about adjusting status, EAD, and Advanced Parole

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  • Questions about adjusting status, EAD, and Advanced Parole

    Hi all,

    I have several questions that I would like some input on. I searched through the forum dating back to 2015 and had a difficult time finding the answers, so forgive me if I looked in the wrong place or am posting in the wrong place. So here it goes:

    I am a US Citizen and I intend to marry my girlfriend (very soon to be fiancé) who is here on a Tourist visa. We have been dating for over a year now. Her visa is still valid, and she has never entered the U.S. illegaly.

    The current plan is to first get married in the courthouse. The reason for this is that both of us would like to have a nice wedding and are saving a bit more money to have the wedding that we want but we also want her adjustment of status papers to be started as soon as possible so she can begin to work in her field of Nutrition and Dietetics. My question here would be "Does the USCIS have a problem with this approach? Should we expect problems due to not having had a big traditional wedding?". I'm sure we will be able to show proof of the intent to have a traditional wedding if requested (venue deposit, honeymoon hotel booking, save the date cards, engagement photos etc.) will this help ease their mind in the event they are concerned? We also own a vehicle together and will be purchasing a home within the next few months with both of our names on the note and deed.

    Second question: How long does it generally take for the EAD card to be received for her to be able to move forward with her career?

    Last question: She has a grandmother in her country of birth who is struggling a bit in regards to health. Is it unwise to leave the country even with advanced parole to go and visit her grandmother? Should we just wait to leave the country at all until her status has been adjusted?

    We have quite a bit of proof that our marriage will take place in good faith. We will submit joint bank account info, she will be listed as the beneficiary on some of my assets, as stated before we own a vehicle and soon a home together, she is on my vehicle auto insurance policy and phone service bill and we have several people who will submit affadivits on our behalf.

    Any answers to these questions, along with other tips/advice would be greatly appreciated.

    Best,
    John

  • #2
    Originally posted by jrcable18 View Post
    The current plan is to first get married in the courthouse. The reason for this is that both of us would like to have a nice wedding and are saving a bit more money to have the wedding that we want but we also want her adjustment of status papers to be started as soon as possible so she can begin to work in her field of Nutrition and Dietetics. My question here would be "Does the USCIS have a problem with this approach? Should we expect problems due to not having had a big traditional wedding?". I'm sure we will be able to show proof of the intent to have a traditional wedding if requested (venue deposit, honeymoon hotel booking, save the date cards, engagement photos etc.) will this help ease their mind in the event they are concerned? We also own a vehicle together and will be purchasing a home within the next few months with both of our names on the note and deed.
    The approach is fine.

    Originally posted by jrcable18 View Post
    Second question: How long does it generally take for the EAD card to be received for her to be able to move forward with her career?
    assuming she applies for it along with the AOS, maybe 3 to 4 months or a little more

    Originally posted by jrcable18 View Post
    Last question: She has a grandmother in her country of birth who is struggling a bit in regards to health. Is it unwise to leave the country even with advanced parole to go and visit her grandmother? Should we just wait to leave the country at all until her status has been adjusted?
    People have not had problems traveling on Advance Parole so far (assuming the leave after getting AP and their AOS wasn't denied while they were gone), but technically parole is at the discretion of the officer, so you never know what can happen.

    This is my personal opinion and is not to be construed as legal advice.

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