Rules once a K-1 Visa is received

[Fratesmj 0]

I am still in the first stages of filing for a K-1 Visa for my Fiance. I have a question for those of you who have already completed everything:

I have been hearing from numerous people that you are not allowed to leave the US once the Visa is received. Is this true? Is there a document or literature on this that I can read? If it is true, how long is this for? We would like to have a small ceremony in Italy, and need to know if we can after the wedding here, or if this needs to be put aside for now.

Thanks for all of your help!

[Rhiannercakes 14]

K-1 visas are "single entry" visas.

You can file for Advanced Parole at the same time as Adjustment of Status though.

It allows you to come back into the country if you need to leave.

It's form I-131 if you want to look at it.

"This form is used to apply for a Travel Document, reentry permit, refugee travel document or advance parole. (if you want to leave the country before you are granted permanent residency)"

But once you get your green card you can travel again.

Edited September 7, 2009 by Rhiann

[canadian_wife 1,808]

^^Agreed, just to add, the marriage must take place in the US.

As for your literature:

Most aliens who have pending applications for adjustment of status need to obtain an advance parole document in order to leave the United States without abandoning the pending application and to return to the United States after traveling abroad. An advance parole document is issued solely to authorize the person who travels to a U.S. port of entry to seek parole into the United States to await the adjudication of the pending application.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Gary and Alla 3,694]

I am still in the first stages of filing for a K-1 Visa for my Fiance. I have a question for those of you who have already completed everything:

I have been hearing from numerous people that you are not allowed to leave the US once the Visa is received. Is this true? Is there a document or literature on this that I can read? If it is true, how long is this for? We would like to have a small ceremony in Italy, and need to know if we can after the wedding here, or if this needs to be put aside for now.

Thanks for all of your help!

Yes, read the guides for visas. K-1 is single entry with a 6 month validity from issue. Once you enter the US it is cancelled. You can get married within 90 days and file for adjustment of status to permanent resident. When you receive the green card (or an advance parole which can be filed at the same time as the AOS) you are free to travel and return to the US. Advance parole takes 60-90 days to receive, typically. You can get them sooner for emergencies. To correct a common misconception, you can LEAVE anytime you want, but you cannot re-enter. As Italy is a VWP country you COULD leave and re-enter as a tourist but then could not adjust status. So you will just have to put international travel on hold for 90 days or so after filing for AOS, You can always get married (here or there) first and then file for a CR-1 which has no travel restriction, but takes longer to process. You pays you nickle and takes your choice.

[Stephen87 0]

I am still in the first stages of filing for a K-1 Visa for my Fiance. I have a question for those of you who have already completed everything:

I have been hearing from numerous people that you are not allowed to leave the US once the Visa is received. Is this true? Is there a document or literature on this that I can read? If it is true, how long is this for? We would like to have a small ceremony in Italy, and need to know if we can after the wedding here, or if this needs to be put aside for now.

Thanks for all of your help!

Yes, read the guides for visas. K-1 is single entry with a 6 month validity from issue. Once you enter the US it is cancelled. You can get married within 90 days and file for adjustment of status to permanent resident. When you receive the green card (or an advance parole which can be filed at the same time as the AOS) you are free to travel and return to the US. Advance parole takes 60-90 days to receive, typically. You can get them sooner for emergencies. To correct a common misconception, you can LEAVE anytime you want, but you cannot re-enter. As Italy is a VWP country you COULD leave and re-enter as a tourist but then could not adjust status. So you will just have to put international travel on hold for 90 days or so after filing for AOS, You can always get married (here or there) first and then file for a CR-1 which has no travel restriction, but takes longer to process. You pays you nickle and takes your choice.

so basically for that from what i reading on this topic, if you get married in the usa, and want to go out of the country for a honeymoon then you have to apply for the advanced parole thing... that makes things difficult / harder haha... this topic helped me also