Is it allowed to travel after marriage in the US, but before applying for AOS, or bad

[SouthCarolina11]

If someone got married in the US, to a US citizen, I thought, that person has to apply for AOS as long as he is within the US and shouldnt travel, but now someone said that would be wrong, as long as that person has a visa to come back in, he could apply for AOS after he came back from overseas without that the whole process would take longer, is that right??

So far I thought, if you leave, you might can come back in with your current visa, but would have apply for the Greencard/AOS from overseas, if you left the US after you got married and without AOS and AP.

Please help!

Thank you

[newacct]

If someone got married in the US, to a US citizen, I thought, that person has to apply for AOS as long as he is within the US and shouldnt travel, but now someone said that would be wrong, as long as that person has a visa to come back in, he could apply for AOS after he came back from overseas without that the whole process would take longer, is that right??

So far I thought, if you leave, you might can come back in with your current visa, but would have apply for the Greencard/AOS from overseas, if you left the US after you got married and without AOS and AP.

Please help!

Thank you

Being married to a US citizen does not inherently prevent you from entering on a visa. But the main issue is that, unless you are on an H or L work visa, other nonimmigrant visas are subject to presumption of "immigrant intent", and you are not supposed to enter the US on that visa with preconceived intent to file AOS during that stay. So there is risk they might deny you entry if they suspect you will do that.

[SouthCarolina11]

Thank you, but nobody on the border knows if I got married or not, as long as I didnt try to change my status, so it should be easy to get back in, shouldnt it?
I am just worried, that in the AOS process they might say that it was not ok to leave the country and come back and apply then for AOS, could they?
As I thought you have to apply from outside the country as soon as you left and that takes around a year then.

[kaylip]

Thank you, but nobody on the border knows if I got married or not, as long as I didnt try to change my status, so it should be easy to get back in, shouldnt it?
I am just worried, that in the AOS process they might say that it was not ok to leave the country and come back and apply then for AOS, could they?
As I thought you have to apply from outside the country as soon as you left and that takes around a year then.

Ok what visa are you using to travel? How long have you been in the USA? How long are you planning to stay outside the USA? These questions will determine whether leaving and returning would turn around to bite you in the butt. For e.g. let's say u return and apply for AOS, your records will show up when you do biometrics since fingerprints & photo are taken upon entry into the USA. Also, at the interview the IO may question you on your travel history. If you decide to leave, just be prepared for the worst outcome. If it turns out good at least you were prepared for the good and bad. All the best!

[Mafalda180323]

Answer

Hi,

I talked to my lawyer about that. And she said that this is a bad idea. That officers can deny your entrance. (I have an student visa)