Can I come back to Canada after POE?

[tracy&david 2]

Hey guys,i just got my interview date and am planning my things such as, when to quit my job, when to move to us. I have some questions here: Can I come back to Canada after POE? How long have I to stay in US before i can go somewhere outside of US? Can I travel within US(We are scheduling our honeynoon)?

Thanks a lot

[Flames9_RN 358]

Hey guys,i just got my interview date and am planning my things such as, when to quit my job, when to move to us. I have some questions here: Can I come back to Canada after POE? How long have I to stay in US before i can go somewhere outside of US? Can I travel within US(We are scheduling our honeynoon)?

Thanks a lot

One you do your POE as a K1, you can NOT leave the usa until u get ur greencard or you do AP!! Well you can leave, they are not going to force you to stay, BUT your not getting back in! Then you get the pleasure of doing the whole process over again! And yes it has happened in the past!

You can travel all you want inside the USA, by air, car or donkey if you so choose! Best of luck

[Penny Lane 8,159]

You can travel within the US, yes. You could come back to Canada, but you wouldn't be able to get back into the United States. The K1 is a one-entry Visa.

After you've gotten married, you'll file for AOS. Included in that package is something called Advanced Parole. AP is what lets you leave and come back until you've received your green card. So until you have AP or your green card, do not leave the US. Traveling within the country is fine.

[pocheros 101]

When you're approved at your interview they hand you a piece of paper with some instructions and it explicitly states:

"The K1 visa is for a single entry only, which is used the first time you enter the US. After that, if you leave the US, you will not be able to return using the K1 visa or proof of Canadian citizenship. Should you do so- including return travel to Canada or a honeymoon anywhere outside the US - you will be unable to re-enter the US without first obtaining an immigrant visa abroad as the spouse of an American citizen."

That means redoing the whole process, including the excruciating wait with USCIS!

You can travel inside the US, however I *think* there's some weird gray area with the territories (virgin islandss puerto rico etc.) so if you're planning on going to one of those areas I'd do some more research. I'm not entirely sure on that, it's just something I skimmed over once awhile ago. But if you're just going to one of the 50 states it's fine, as long as you don't have any layover (if you fly) in foreign countries!

From what I've read, on average it takes about 60-90 days for AOS/AP/EAD to get processed, so if you file soon after POE (filing for AOS costs $1k) you can expect a 2-3 month wait (I'd er on the side of 3+ months).

[Kimbear 53]

As a K1, not until you apply for AOS with Advanced parole.

[Soulmates513 3]

Hi Everyone - Related questions for the group (so glad I found this site). 1) Can you file for any of this "before" you're married (our wedding is a bit after I arrive in the US)? 2) Can you file for permission to work separately and first to get that piece started - again 'before' the wedding? 3) I have elderly and unwell parents in Canada.....if something were to happen before I get the AOS completed I've heard you can apply for an emergency leave if a family emergency arose. Again, would this be applicable "before' marriage? Thank you to anyone who can point me to a link or information that will answer all of these questions. Thanks VJers......

[Penny Lane 8,159]

Hi Everyone - Related questions for the group (so glad I found this site). 1) Can you file for any of this "before" you're married (our wedding is a bit after I arrive in the US)? 2) Can you file for permission to work separately and first to get that piece started - again 'before' the wedding? 3) I have elderly and unwell parents in Canada.....if something were to happen before I get the AOS completed I've heard you can apply for an emergency leave if a family emergency arose. Again, would this be applicable "before' marriage? Thank you to anyone who can point me to a link or information that will answer all of these questions. Thanks VJers......

I don't believe so, it's generally filed with the AOS package.

[Penguin_ie 5,992]

You can't file before you are married. If something were to happen to your parents after you are married, you could make an info pass appointment and ask for emergency AP.

[Jojo92122 1,924]

Hi Everyone - Related questions for the group (so glad I found this site). 1) Can you file for any of this "before" you're married (our wedding is a bit after I arrive in the US)? 2) Can you file for permission to work separately and first to get that piece started - again 'before' the wedding? 3) I have elderly and unwell parents in Canada.....if something were to happen before I get the AOS completed I've heard you can apply for an emergency leave if a family emergency arose. Again, would this be applicable "before' marriage? Thank you to anyone who can point me to a link or information that will answer all of these questions. Thanks VJers......

You cannot file anything before you get marry. The marriage is your basis for adjusting your status and getting work authorization, so you must take this step first.

If you leave the US before getting marry, then you are back at square one. You will not be able to re-enter the US without another visa.

Have you considered a civil marriage at the courthouse when you arrive so you can start filing the paperwork. You can have a wedding ceremony afterwards like you've planned. This would allow you to file for work authorization immediately. If you need to go back to Canada after your civil marriage, you can request emergency AP which would allow you to leave the US and re-enter.

[Soulmates513 3]

You cannot file anything before you get marry. The marriage is your basis for adjusting your status and getting work authorization, so you must take this step first.

If you leave the US before getting marry, then you are back at square one. You will not be able to re-enter the US without another visa.

Have you considered a civil marriage at the courthouse when you arrive so you can start filing the paperwork. You can have a wedding ceremony afterwards like you've planned. This would allow you to file for work authorization immediately. If you need to go back to Canada after your civil marriage, you can request emergency AP which would allow you to leave the US and re-enter.

Thank you all for all the valuable information ........as always. Much appreciated!

[pocheros 101]

Hi Everyone - Related questions for the group (so glad I found this site). 1) Can you file for any of this "before" you're married (our wedding is a bit after I arrive in the US)? 2) Can you file for permission to work separately and first to get that piece started - again 'before' the wedding? 3) I have elderly and unwell parents in Canada.....if something were to happen before I get the AOS completed I've heard you can apply for an emergency leave if a family emergency arose. Again, would this be applicable "before' marriage? Thank you to anyone who can point me to a link or information that will answer all of these questions. Thanks VJers......

You can file to work (EAD) separately from AOS and AP but it costs around $300 (it's "free" to file it with AOS) and it's kind of useless because it only allows you to work until 90 days after you POE. On top of that it usually takes some time to process, so filing it separately you're looking at spending $300 for a couple months of employment at best.

You can't file for AOS before you're married, but to get legally married you don't have to have the big wedding. You just go fill out some forms, it's quick and easy (or at least it was here in Las Vegas.) Okay, technically they required a ceremony, which meant we went across the street to some little chapel place where they performed a 5 minute ceremony with no bells and whistles. And bam- we were married! So you can do that and then just have your real celebration later.

[Soulmates513 3]

Thank you again Pocheros! I wouldn't have minded paying the $300.00 but if you can only work for a few months, like you said, what's the use? By the time it's processed and I find a job (won't be easy around December/January) the 90 days will be up. Once again, VJers are the absolute best source of (correct) information.