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U.S. Citizen marrying non-citizen who is validly in U.S. on a diplomatic (A2) visa...

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hackster

Junior Member
Hi, I'm a U.S. Citizen who is getting married to a non-citizen who is here in the U.S. on an A2 diplomatic visa. Once we marry, I know that we will need to file for an adjustment of status to make her a permanent resident. My question is this: after filing our petition, will she be required to stay in her diplomatic job while the petition is pending, or can she quit her job and move somewhere else? Basically, she is in DC, and I am in New York - so I'm trying to find out whether she will have to stay in DC until the petition is processed (about a year??).

Just to be clear - she doesn't want to keep her job at the embassy. We want to know if she can quit her job and move to New York, or will doing so invalidate her visa (thus making her illegal if she stays) notwithstanding the fact that a change of status petition would be pending.

We know that she COULD keep her job if she wanted to, but we don't want to get married and then live 250 miles apart for a year.

Thanks!
 


evcalyptos

Senior Member
Hi, I'm a U.S. Citizen who is getting married to a non-citizen who is here in the U.S. on an A2 diplomatic visa. Once we marry, I know that we will need to file for an adjustment of status to make her a permanent resident. My question is this: after filing our petition, will she be required to stay in her diplomatic job while the petition is pending, or can she quit her job and move somewhere else? Basically, she is in DC, and I am in New York - so I'm trying to find out whether she will have to stay in DC until the petition is processed (about a year??).

Just to be clear - she doesn't want to keep her job at the embassy. We want to know if she can quit her job and move to New York, or will doing so invalidate her visa (thus making her illegal if she stays) notwithstanding the fact that a change of status petition would be pending.

We know that she COULD keep her job if she wanted to, but we don't want to get married and then live 250 miles apart for a year.

Thanks!
Have you thought about having a consultation with an immigration lawyer?

The only snag (because not many of them post, we don't read many experiences) is the A visa. There may be an additional form she needs to file to officially let go of her diplomatic benefits.

Otherwise, she is like any other AOS applicant. As soon as her AOS is received, she can fall back on that 'status' while her PR application is pending. She uses Advance Parole to travel and an EAD to work wherever she likes.

Sue to the A visa, consider a consult to make sure that you know what the correct forms are and to get some reassurance on your questions.
 

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