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Question
Thank you so much for answering my prior question!  I believe I have all my ducks in a row on what I need to do both federally and locally as far as getting married.  We just have one last issue that may need cleared up and I was hoping you would be able to help us out one more time.

One of the instructions on filing for a K-1 visa is that once we are married, we're to immediately have him file an I-485 to adjust status.  However, my future husband is finishing up his PhD, and it's unknown whether or not he will finish by the end of this year (possibly November) or if he will be required to do one more year to complete his study.  If we were to marry this year, and he would need to go back and finish his study, would this cause problems if he would file to adjust his status, or would it be optimal to wait until he has completely finished his doctorate to marry and have him become a permanent resident (and do the other filing to be allowed to work in the US?)

Answer
Hi,

It is important to file the advance parole document application along with the I-485 adjustment of status application. Issuance of the advance parole document (about 2 to 3 months after filing) permits traveling abroad and reentry to the U.S. while the I-485 is pending with the USCIS.

Upon approval of I-485 (usually between 8 to 12 months after filing), your spouse should "reside" in the U.S. but it is OK of course if he travels abroad to finish his PhD.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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