Visa approved but curious

[hydrolus 0]

Hello,

my finaice's Visa was just approved! We are deciding where to have our wedding. I want to have on here in the States and also have one in here country. Also for our honeymoon we plan to visit another country. So I'm wondering once my fiance womes to the states can she leave the US and enter again? Are there specail forms I need to fill out or something. I know the Visa says it only allows a one time entry. So how can we go about leaving and entering the states without hassles?

Thanks

[mmb 0]

If you enter the USA with a K1 visa then you may not leave the country again without being granted advance parole. You can apply for this at the same time as applying to adjust status. You can only be married in the USA with a K1 visa, if you marry in her country you will have to reapply for another type of visa. The guides on this site explain it all, just click on the tab at the top where it says Guides.

[payxibka 10,045]

Hello,

my finaice's Visa was just approved! We are deciding where to have our wedding. I want to have on here in the States and also have one in here country. Also for our honeymoon we plan to visit another country. So I'm wondering once my fiance womes to the states can she leave the US and enter again? Are there specail forms I need to fill out or something. I know the Visa says it only allows a one time entry. So how can we go about leaving and entering the states without hassles?

Thanks

She needs to arrive in the US legally unmarried (that is why it is called a fiance(e) visa). A K-1 is a single entry visa so she cannot leave until after you have married and you you have started down the AOS path and received AP and this takes some time (4-5 mos? or even longer). Others will clarify. A re-entry after a honeymoon out of the country immediately after your wedding is not possible.

Edited November 21, 2006 by fwaguy

[raymaga 25]

After your marriage (in the U.S.), you can send your AP (Advance Parole) forms along with the AOS forms. The AP should be approved within 2 months (maybe less). Then, your wife will be able to leave the U.S. and return. Your honeymoon will have to be in the U.S., unless you want to wait until the AP has been approved.

If you decide not to apply for AP, she will also be able to leave the U.S. and return once her AOS is approved (this could take 3 months to a year or longer).

Good luck.

[YuAndDan 153]

Depends on the visa, If K-1, you need to marry in the states, if you marry overseas, then the visa is no longer valid, the K-1 is for a fiance, not a spouse.

We decided to get married before my K-1 petition could be processed. What should I do?

If you get married, your K-1 petition will no longer be valid. Your spouse will need to file a different petition, Form I-130, with the CIS.

http://guangzhou.usconsulate.gov/kvfaq.html

[chuckandkim 0]

If you decide not to apply for AP, she will also be able to leave the U.S. and return once her AOS is approved (this could take 3 months to a year or longer).

Incorrect. She will not be able to return to the US once she leaves without AP. Her AOS will not be APPROVED unless she is present at an AOS Interview with her husband, in the District Office. So do not, I repeat do not leave the country until you have your AP document in hand. Your AOS will not be approved if you're required to be interviewed by a D.O.

[YuAndDan 153]

If you decide not to apply for AP, she will also be able to leave the U.S. and return once her AOS is approved (this could take 3 months to a year or longer).

Incorrect. She will not be able to return to the US once she leaves without AP. Her AOS will not be APPROVED unless she is present at an AOS Interview with her husband, in the District Office. So do not, I repeat do not leave the country until you have your AP document in hand. Your AOS will not be approved if you're required to be interviewed by a D.O.

Also leaving country without AP is considered as abandoning the AOS and will have to file for a new visa either CR-1, or K-3 if you are married.

[BJZags 17]

So do not, I repeat do not leave the country until you have your AP document in hand.

And for that matter, I've heard that AP is no guarentee of re-entry. So it is safest not to leave the country until AOS is final.

[chuckandkim 0]

Amen... Unless it's life and dead matter, I wouldn't leave the country until I have the GC in my wallet.

[raymaga 25]

What I meant (and worded rather poorly) was that you can also travel (without AP) once your AOS has been approved.

[hydrolus 0]

Thanks for all ur hrlp...much appreciated...guess our honey moon will not be out of country...oh well....thanks again.

[jack and jill 0]

Thanks for all ur hrlp...much appreciated...guess our honey moon will not be out of country...oh well....thanks again.

what about a pre-marraige honeymoon

Edited November 27, 2006 by jack and jill