Travel to homeland before AOS or 131

[BertusJ 0]

Hello

I have a question, after marrying in usa on k1 visa,if your spouse returns to their home country before AOS is complete and with out getting a 131, can they get a tourist visa to come back?

Thanks

[gstrength 20]

Hello

I have a question, after marrying in usa on k1 visa,if your spouse returns to their home country before AOS is complete and with out getting a 131, can they get a tourist visa to come back?

Thanks

short answer, no. She must get a I-131 to be able to come back.

[Lainie B 465]

No they can't, they must have their AP or green card. If they leave beforehand then you must start again by petitioning for a spousal visa

Edited January 3, 2013 by Lainie B

[hamigirl710 112]

No they can't, they must have their AP or green card. If they leave beforehand then you must start again by petitioning for a spousal visa

[BertusJ 0]

Thanks everyone, this is what I thought but was hoping was not the case hehe

[BertusJ 0]

Would there be a problem getting the k3 spouse because of going back before AOS or 131?

Thanks

[gstrength 20]

Would there be a problem getting the k3 spouse because of going back before AOS or 131?

Thanks

K-3 visa is no longer available. You would have to apply for a CR-1/IR-1. Wait to get your AP

[Penguin_ie 5,992]

You can petition the spouse for a CR-1 spousal visa. There will be no short cuts- it will take close to a year and all the fees need to be paid. There will be questions about the K1 at interview but if you have a good reason (terminally ill family member etc), it should not be a major problem.

Remember, the K1 is to immigrate. If the spouse does not wish to live in the USA, a tourist visa is the correct visa to just get married and then leave again. If the problem is that they cannot leave the home country permanently yet, then the best option si to delay the paperwork and/ or delay the interview, and then sue the full 6 months on the visa before immigrating.

[Gary and Alla 3,694]

Hello

I have a question, after marrying in usa on k1 visa,if your spouse returns to their home country before AOS is complete and with out getting a 131, can they get a tourist visa to come back?

Thanks

Probably no. IF they MUST leave before having the AP or Green Card, make an infopass appointment at the local USCIS office and request an emergency AP. These can even be sent to the foreign consulate so the person can leave right away.

Leaving before then abandons their status and they are not permitted to re-enter except upon a new visa. A tourist visa is unlikely as they would not believe they intend to return. You would have to file an I-130 for a new CR-1 visa and wait about a year for issuance

Would there be a problem getting the k3 spouse because of going back before AOS or 131?

Thanks

Probably not but takes a year. Why not get an emergency AP?

[bigdog 376]

Just hang in there, you don't want to start over. More time, more money.

[BertusJ 0]

Thanks every one for the replies!

We will try to wait for the AOS or 131

[Pitaya 2,577]

Just hang in there, you don't want to start over. More time, more money.