(Closed) Question for my fellow k1 visa bees! HELP!

posted 8 years ago in Long Distance Relationships
Post # 3
Member
2889 posts
Sugar bee

Sorry I don’t know anything about this but as a fellow international bride I feel your pain. However if you have the ability to enter the US now for vacation, I don’t see why you wouldn’t be able to leave the country, and return. 

Post # 4
Member
58 posts
Worker bee
  • Wedding: August 2010

Hey, yes, that is correct. Well, it’s not that you *shall not leave and return*, but it gets very complicated very fast. Talk to an immigration lawyer. Try to do the civil ceremony as soon as you possibly can, and get all of your paperwork done ahead of time. Get it all done through a lawyer if you can afford to. With the holidays in between, it could be cutting it close. I am really really sorry 🙁 My fiance’s best friend is unable to attend our wedding because he is in the middle of a status adjustment, and it’s sad 🙁

Post # 5
Member
197 posts
Blushing bee

you can leave but you have to apply for permission. Its form 131, Application for Travel. I submitted it with the Adjustment of Status Application and then after about a month I had to call my state rep to get it moving faster. Not sure what magic they worked but I had the documentation about a week later.

http://www.uscis.gov/files/form/I-131.pdf

http://www.visajourney.com/content/adjustmentforms

Also, our Adjustment of Status took about 5 months. So don’t chance it and hope your Perm Residence will come through quickly. The 131 is a really easy form, you just have to have a reason. Our reason was “attending a wedding overseas”.

Post # 6
Member
383 posts
Helper bee
  • Wedding: February 2011

The AOS can take anywhere from ‘several weeks to several years’. Yeah, that’s helpful. And you can leave, but you can’t come back in. As soccerball said, you should apply for AP, or the Application for Travel, which usually comes in 2-3 months. Unfortunately, there’s not much you can do other than that. It’s so frustrating! We submitted our AOS about a month ago and are in the waiting game now… Definitely try calling your FH’s state rep – they can work wonders!

Post # 7
Member
1137 posts
Bumble bee
  • Wedding: September 2010

I highly suggest visiting Visajourney.com to answer all of your questions. It has been a fantastic resource for me through the process.

 

Post # 8
Member
65 posts
Worker bee
  • Wedding: September 2010

I just read today that you can apply for Advance Parole (the form someone mentioned) for free when you send it in with your EAD application and Adjustment of Status.  That’s what we’re doing for my FI!  Also, I’m getting together all our paperwork so we can pop it in the mail pretty much the day after we’re married… hopefully that’ll speed things up!  Good luck 🙂

Post # 10
Member
841 posts
Busy bee

Hiya! It is my understanding that if you leave while your AOS is pending, you will lose your visa – UNLESS you ask for permission/apply for the form ahead of time (I can’t remember the name of the form) that will let you leave and re-enter the states while your paperwork is pending :).

Post # 11
Member
9 posts
Newbee
  • Wedding: August 2010

As people have said, you just need to apply for Advance Parole (form i-131) when you file for AOS. Make sure you file for the work permit and AP at the same time as AOS – that way they cost nothing. AP will let you leave an re-enter without a greencard while AOS is pending.

The K-1 is a one-time visa. The i-94 you’ll get when you enter on the K-1 will be taken when you next leave the country; you need this to AOS from the K-1. If you leave and try to re-enter, the K-1 you’ve already used won’t be valid. You would possibly manage to get through on the Visa Waiver Program (if it applies in your country) but you can’t AOS from the VWP.

 

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