Entering USA on a K-1 Visa. How long must I remain?

[munkeynutts 0]

Hi all,

When I enter the USA on a K-1 Visa, must I remain in the USA for a minimum period of time before I can leave whenever I want for holidays, trips back to the UK, etc? Me and my fiancee will get married a matter of days after I arrive in the US.

Thank you.

Martin

Edited August 4, 2009 by munkeynutts

[amykathleen2005 441]

There is no specific limit I believe, but you have to file for Advanced Parole (AP) which takes around a month or two processing.

[Otto 83]

When I enter the USA on a K-1 Visa, must I remain in the USA for a minimum period of time before I can leave whenever I want for holidays, trips back to the UK, etc? Me and my fiancee will get married a matter of days after I arrive in the US.

Should remain in the US until you get either AP (Advance Parole) or your PR/Green Card (which are part of the AOS stage).

[amykathleen2005 441]

There is no specific limit I believe, but you have to file for Advanced Parole (AP) which takes around a month or two processing.

And you'll be getting to Texas in the middle of winter, which I imagine is much nicer than an English winter......you won't want to leave!

[Wendy_n_John 0]

There is no specific limit I believe, but you have to file for Advanced Parole (AP) which takes around a month or two processing.

And you'll be getting to Texas in the middle of winter, which I imagine is much nicer than an English winter......you won't want to leave!

Woo hoo!! Go June filers go!!

[1HappyGuy 45]

The K-1 visa is a one time visa. It will not allow you to return. To fulfill the conditions of this visa, you must marry within 90 days of your arrival. Once that happens, you need to apply for Adjustment of Status (AOS). Many also apply for travel documents called Advanced Parole (AP). If you leave the USA before having obtained at least AP you will not be allowed back. This could have serious consequences and you might be required to re-file under the K-3 visa application for spouses.

Try to be patient about traveling home until you have legal means in which to re-enter.

[Gary and Alla 3,694]

Hi all,

When I enter the USA on a K-1 Visa, must I remain in the USA for a minimum period of time before I can leave whenever I want for holidays, trips back to the UK, etc? Me and my fiancee will get married a matter of days after I arrive in the US.

Thank you.

Martin

You can LEAVE anytime, but you cannot RETURN until you have an AP (I-131) or green card. APs are generally received within 90 days of application. The AP is free if filed with the AOS. So get married and file the AOS with an I-131 and you will be able to travel in about 90 days (my wife got hers within 60 days).

If there is some family emergency, you can apply for an I-131 at your local office and it can be sent to a foreign consulate, but you need your NOA1 from the AOS filing, so get that done ASAP

[Minya's wife 24]

Hi all,

When I enter the USA on a K-1 Visa, must I remain in the USA for a minimum period of time before I can leave whenever I want for holidays, trips back to the UK, etc? Me and my fiancee will get married a matter of days after I arrive in the US.

Thank you.

Martin

You can LEAVE anytime, but you cannot RETURN until you have an AP (I-131) or green card. APs are generally received within 90 days of application. The AP is free if filed with the AOS. So get married and file the AOS with an I-131 and you will be able to travel in about 90 days (my wife got hers within 60 days).

If there is some family emergency, you can apply for an I-131 at your local office and it can be sent to a foreign consulate, but you need your NOA1 from the AOS filing, so get that done ASAP

Semantics, I know, but the bolded is not quite phrased correctly either. It is advisable not to leave once you've 'activated' the K-1 (i.e. entered the US) until you've applied for AOS and have at least the AP approved. Once can be considered to have abandoned your adjustment of status if they leave before it is adjudicated....that is why AP is necessary, to have USCIS 'approve' your re-entry to the states. Without that they may constitute your exit from the US as abandoning of the AOS.

The best course of action is to follow through with the requirements of the visa issued to you....enter the US w/ your K-1, marry your fiance(e) and apply to adjust your status as soon as possible. With your AOS applicaiton, send off the additional AP (I-131) application. Luckily it gets approved quite quickly so you should be good to travel within about 90 days of applying for it.

Good luck,

-P

[munkeynutts 0]

Thank you all for advice and tips.

Another query. My last two entries were problematic, in that I entered twice for three months at a time, and the visits were 6 weeks apart, so pretty close together. Lots of quizzing in US immigration, etc. They said that I best not come again unless I have a visa, else I could have more problems.

I have tickets for the U2 gig in Houston on October 14th. Do you think I would have problems entering Houston and staying for a few days (up to a week), for the purposes of seeing my fiancee and getting to the gig? Could they turn me back? Refuse me entry?

Thanks.

Martin

[Minya's wife 24]

CPB can refuse you entry at any time, at their discretion. You could be perceived to be violating the terms of your visa waiver travel privileges...there's no way to tell for sure what will happen. If you've already had issues trying to enter, I would not risk it...

-P

[Penguin_ie 5,992]

You may have an issue. Come from October 2008 to October 2009 when you want to come for the visit, how much time will you have spent inside the USA and how much outside? If you spent nearly as much time in the USA as outside, they may well deny you, especially as you already had trouble previously. What some people from the Uk do in a case like this is fly via Ireland; that way you can do US immigration in Ireland, which tends to be fairly lenient and if you get turned back, you only have to fly from Dublin to London, not all the way back from the USA.

That being said, they gave me a hard time one time in Chicago PoE not because of time spent within the USA, but because I had been there 5 times in 6 months (long weekends mostly), and I said I was visiting my fiance (no visa filed yet). They let me in but only stamped my passport for a day longer than my return ticket was for (in case of flight delays). Next time I went over- 2 months later- I brought tons of evidence (letter from employer, proof of owning a home, bank account details, proof I was enrolled in an evening course etc). I sailed through passport control without them giving me a second glance.

[Nik+Heather 121]

For a shorter visit, with your return ticket itinerary, the U2 concert tickets and the NOA1 from your K1 petition are your best preparations, even if you get pulled into secondary.

Adding a letter from your employer which states you are on holiday and expected back on a certain date would also greatly aid your cause.

However, if they have advised you to get a visa, then perhaps they have flagged you as an abuser (or potential abuser) of the VWP, and a B-2 visa will be necessary. When were these last two visits?

[munkeynutts 0]

Thank all for advice. I am not travelling in october now. My girl is taking a friend to the gig. Just playing it safe and waiting for K-1 processing! Incidentally, we received an automated email status update which read 'We have mailed you and amended notice'. We, and not one person on visajourney knows what the heck that means! We shall just wait and see what it is when it comes through in the post. I would presume my American fiancee in the US will receive something in the post, and not me (who is in the UK)? We filed I-129F in May.

Thanks.

Martin & Shawnie

PS: How can I make a photo appear on my posts, underneath my profile name? I see other posters with cute little pics and I want to display one also!

[JimVaPhuong 4,863]

PS: How can I make a photo appear on my posts, underneath my profile name? I see other posters with cute little pics and I want to display one also!

Click on "My Controls" at the top of the page. Click on "Avatar Settings" in the left hand menu. Select from one the prepared avatars, link to a picture on a website, or upload your own picture. Try to keep your picture to 125x125 or less, or the forum software will scale your image.

[munkeynutts 0]

I thank you! My photo is now visible!

Regards,

Martin