Need advice on process to marry, AOS, then have big wedding in India

[area51]

Asking for a friend. Their son lives in Florida, has a student visa and is now engaged to a US citizen living in California born in the USA but family originally from India. The girls family wants to have a big wedding in India. What would you suggest they do to make this work?

It sounds like they have to have a civil ceremony, AOS, and get AP before going to India for the big wedding, otherwise the student visa won't let him back in the country because of immigrant intent. They are planning on living in Florida so the girl will be moving there. At what time should she move to Florida? What state do you recommend the civil ceremony to be performed?
Any other advice on this subject?

Thank you.

[PraetorianXI]

The plan sounds good (court house wedding, apply for AOS, get AP and travel to India). My wife and I did the same and it worked out well.

They need to live together as soon as they get married in the US and the state does not really matter, it would be best if it is the same state where they plan on residing and where they will file for AOS.

[area51]

The plan sounds good (court house wedding, apply for AOS, get AP and travel to India). My wife and I did the same and it worked out well.

They need to live together as soon as they get married in the US and the state does not really matter, it would be best if it is the same state where they plan on residing and where they will file for AOS.

Thanks for advice.
Do you think there is a way for them to do this without living in the same state right away? He has to continue with his school and she will need to transfer her job to the city in Florida / move etc. Would it work if they fly and be with one another every other weekend until the move or India is completed?

[PraetorianXI]

It will be a lot harder to prove a good faith marriage if they are living in different cities, you should get advice from Austriacus as he found himself in that situation.

That being said, nothing prevents you from filing for AOS this way and obtaining an AP... they should have plans to move in together in the near future, even more so after returning from India.

They need to start gathering information that show a joint life (even if they live apart).

[Triple Citizen]

As long as at the AOS interview they prove that they are a bonafide couple, nothing else matters. Time it so that the least amount of time is spent apart by this couple after marriage.

Thanks for advice.
Do you think there is a way for them to do this without living in the same state right away? He has to continue with his school and she will need to transfer her job to the city in Florida / move etc.

[AmitD]

Not sure if this would categorise as a similar case, but I am on a work visa (H1-B). Got married here in US in Las Vegas, went to India with my wife, had a big fat wedding, came back to the US, and then appplied for the GC process.

Used my H1 for re-entry. Had no problems at the entry in NY.

[PraetorianXI]

Not sure if this would categorise as a similar case, but I am on a work visa (H1-B). Got married here in US in Las Vegas, went to India with my wife, had a big fat wedding, came back to the US, and then appplied for the GC process.

Used my H1 for re-entry. Had no problems at the entry in NY.

Only H1 or L1 visa holders are allowed that indulgence (to travel without AP). As their visa is a duel intent visa (which allows to return to the US with the intent to file for AOS).

[area51]

I think they'll have a hard time trying to schedule the wedding in India at a time when he will have Advance Parol. It seems to me they'll need to have help from an attorney that can help them time the civil ceremony and the adjustment of status application so that the AP arrives 3-5 weeks before they need to fly to India. Otherwise it could ruin every plan they have for the big wedding.

Hope someone can provide more help on this subject.

[PraetorianXI]

Well, basically, they can not file for AOS (and therefore file for AP I-131) until they are married. So... basically, they should get married and file for AOS (including the AP) and plan the BIG wedding in 3-4 months after they file for AOS (they should have the AP by then).

[austriacus]

I agree that scheduling the BIG wedding will be difficult while they adjust their AOS, and I don't think an attorney will be of much help with that either. Let's say they plan the wedding 3-4 months after filing for AOS but for some reason get an early interview date, then they are screwed. If they can wait with the BIG wedding until their AOS is completed, that would be the ideal scenario.

Do they have a pressing reason to have the BIG wedding ASAP? We haven't had our Austrian wedding yet either ... and actually, today is our one year wedding anniversary. :) Time flies!

As Praetorian pointed out, I know a thing or two about going through AOS while not living together yet. Usually, they're expected to be moving together after their marriage, preferably when they file (so they don't have a change of address while their AOS is pending) and be all settled in by the time they have their interview. It's one of the strongest pieces of evidence (or lack thereof) of a good faith marriage to be living together.

However, paraphrasing my IO, the USCIS recognizes that people with a good faith marriage sometimes have to live apart for some time. If they expect to not be living together at the time of their interview, they should write a letter explaining their living situation and attach it as an addendum to the I-130. It should state a good reason why they don't live together, and in bulleted form, what other evidence they have of a good faith marriage, and explain how they live their good faith marriage despite the distance. (proof of visits, proof of phone calls, etc.)

When it comes time for the interview, they need to expect to be questioned about all aspects of them not living together (When and why did you decide to get married? Why don't you live together? What's your plan and timeline for moving in together finally?)

A reason in their case might be that the husband is in a degree program that he intends to finish, and without having this degree, he would have a hard time finding a job in his field where his wife lives. She, on the other hand, might have a specialized job that is difficult to find in her husband's city (quickly). If this is the case, he could submit a degree plan as evidence, she could submit evidence that she's been searching for and has not found yet a comparable job. Basically, they need to use common sense in their explanation, keeping in mind (as our IO said) that marriage is all about compromise and they need to start compromising!

[area51]

Thank you for your advice.

The couple are professionals and the son is doing research for Phd.
I think for that reason they'll have a good reason for living apart while she
prepares the move to Florida / switches job's etc.
Friend doesn't believe waiting for AOS is going to work, mainly because
they don't know how long it will take for the GC to arrive.
The girls family is scheduling India wedding in early July.

What do you think of this plan which I am suggesting to him:
They get a courthouse marriage soon, file AOS in early January,
for (which state? Florida or California?)
By time to fly to India in July, they should have AP (hopefully) or
perhaps the GC completed. In the meantime, she plans switching jobs,
planning on move, prepares for trip to India etc. and they
fly and see one another every 2 weeks.

Do you think it matters in this situation, that she has a California address
and he has Florida address on AOS?

One other question, you mentioned they are in trouble if
Interview occures before India wedding?
What do you mean by that?
What happens if the interview is scheduled the week of the wedding?