Should i wait or not?

Question

I am in love with my fiancee we've been together 5 years, hes a US citizen, but I'm in the US with OPT since i graduated from a college in this country, we want to get married, and i was just wondering if i could go to my country in december (because my dad is getting out of rehab and we have a family meeting) and come back while the petition is still in process. or just wait until i come back in january as a tourist. My OPT ends in at the end of this year, he told me the best thing would be to get married soon so i don't have to go back to my country and leave him here forever. Any info will be greatly appreciated, and I thank you very much before hand!

Answer 1

You need to make sure that you are actually allowed to leave the country while your petition is in process. Getting married in the US before you leave would probably be to your advantage. Coming back as a tourist can be a hassle. I would check with the INS to see what the rules are. Good luck.

Answer 2

Well, there are a number of factors to consider here and then the 2 of you will have to decide on what's best for you both. If he has filed a fiance petition for you that would require you to be interviewed back home for the visa. If you marry before your OPT ends, he could file the I-130 immigrant visa petition, the I-485 adjustment of status form and the work authorization request. Then you could be processed inside the US without leaving and being interviewed back home. If you wanted to go home while everything is being processed, you'd have to file for Advance Parole. that would allow you to go home, see your dad, etc. but return to finish processing your immigration papers here in the US. If you filed and left without Advance Parole, you wouldn't be able to return at all until your immigrant visa was issued back home. While you could come back on the F visa or a B1/B2 visa maybe, if your intention is to come back and get married, they wouldn't let you back in the country on either. So, think it over and decide what's best for you. Check out uscis.gov for more information on adjusting status in the US and for downloadable forms, and fees of course. It isn't especially cheap.