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Fiance travelling between USA and her home country

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Filed: K-1 Visa Country: Colombia
Timeline

I have been following all the cases here and just been waiting for my time of happiness, and it arrived last night. We received our NOA1 on July 26 and on Nov 29 I received my NOA2.

So please correct me if I am wrong. Now I have to wait till the embassy of my fiance received our documents. Then I can start calling to schedule an appointment. Once we get that, we present ourselves with the rest of the documentation, and if everything goes well, we get our visa?

My question is about what happens after that. The situation is that my fiance is working in her country and has a contract that she can't get out of easily. We plan to get married immediately, but she would have to go back to her country and keep working for a while. I plan to go to her country and stay with here (I have dual citizenship), and then once everything is finished, we would come back to the US.

I spoke with an agent at USCIS and she said that after sending the i495 (not sure if that is the correct one... the form you immediately send to adjust status) we can apply for a I131 which is a parol permission so my fiance can leave the country. Who has done this before?

Who has been in this situation. Greatly appreciate feedback!!

Our Timeline

-----------------------------------

January '04: met in the USA

July 16 2007 : sent the I-129F

July 18, 2007: received by CCS

July 27, 2007: received NOA1

Nov 29, 2007 - received email that it was approved!

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I have been following all the cases here and just been waiting for my time of happiness, and it arrived last night. We received our NOA1 on July 26 and on Nov 29 I received my NOA2.

So please correct me if I am wrong. Now I have to wait till the embassy of my fiance received our documents. Then I can start calling to schedule an appointment. Once we get that, we present ourselves with the rest of the documentation, and if everything goes well, we get our visa?

My question is about what happens after that. The situation is that my fiance is working in her country and has a contract that she can't get out of easily. We plan to get married immediately, but she would have to go back to her country and keep working for a while. I plan to go to her country and stay with here (I have dual citizenship), and then once everything is finished, we would come back to the US.

I spoke with an agent at USCIS and she said that after sending the i495 (not sure if that is the correct one... the form you immediately send to adjust status) we can apply for a I131 which is a parol permission so my fiance can leave the country. Who has done this before?

Who has been in this situation. Greatly appreciate feedback!!

The K-1 is valid for six months after it's issued. That gives your fiancee a 6-month window for entering the US.

the Adjustment of Status is the I-485. You can file the I-131 with that (after you marry, of course), but expect about a 3-month wait for the AP (advance parole, permission to re-enter) on top of the delays in getting married, etc. Emergency AP is a possibility after you marry, but I'm not sure a job constitutes an emergency.

Depending on how long the contract lasts, it might not be an issue. The visa won't be in hand for another few months, and then it's good for six months. I've heard of people renewing/extending the K-1, but am not sure what's involved there. Might it be best for your fiancee to just quit her job? Might want to consider prioritizing immigration over employment...

Best of luck in whatever you decide!

Love timeline:

??? 2003 -------> Started chatting regularly, became good friends

Nov 2004 -------> Fell in love

Jan 2006 -------> Met (in person) for first time

Apr 2008 -------> Wedding

Jun 2008 -------> Closed on house together

K-1 timeline:

Jun 11, 2007 -------> I-129f sent

Mar 20, 2008 -------> Visa in hand

AoS/EAD/AP timeline:

Apr 26, 2008 -------> Wedding

Apr 28, 2008 -------> Filed (forms mailed)

Apr 30, 2008 -------> Forms received by USCIS

May 06, 2008 -------> Cashed check posted to account

May 10, 2008 -------> NOA1 received for EAD, AP, and AoS

May 10, 2008 -------> Biometrics appt date received

May 28, 2008 -------> Biometrics for EAD & AoS

Jun 11, 2008 -------> AoS case transferred to CSC

Jul 05, 2008 -------> AP Approval

Jul 09, 2008 -------> EAD approval

Jul 14, 2008 -------> EAD and AP received

Jul 17, 2008 -------> AoS approved (card production ordered)

Now for my obnoxious signature Meez©:

0605_10033471973.gif

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Filed: K-1 Visa Country: Colombia
Timeline

Isn't the k1 visa for 90 days. And can she travel with that visa back and forth during those 90 days?

The problem is that she has a government contract and she is a team leader, and we are trying to avoid the termination of the contract.

Our Timeline

-----------------------------------

January '04: met in the USA

July 16 2007 : sent the I-129F

July 18, 2007: received by CCS

July 27, 2007: received NOA1

Nov 29, 2007 - received email that it was approved!

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Isn't the k1 visa for 90 days. And can she travel with that visa back and forth during those 90 days?

The problem is that she has a government contract and she is a team leader, and we are trying to avoid the termination of the contract.

It's valid for 6 months for admitting her into the USA. Once she enters, the K-1 gives her 90 days to marry.

And the K-1 is a single-entry visa. You can only enter with a K-1 once. (In some extreme and rare circumstances, people have gotten them renewed for a second entry, but I wouldn't count on it happening.

When does the contract end?

Love timeline:

??? 2003 -------> Started chatting regularly, became good friends

Nov 2004 -------> Fell in love

Jan 2006 -------> Met (in person) for first time

Apr 2008 -------> Wedding

Jun 2008 -------> Closed on house together

K-1 timeline:

Jun 11, 2007 -------> I-129f sent

Mar 20, 2008 -------> Visa in hand

AoS/EAD/AP timeline:

Apr 26, 2008 -------> Wedding

Apr 28, 2008 -------> Filed (forms mailed)

Apr 30, 2008 -------> Forms received by USCIS

May 06, 2008 -------> Cashed check posted to account

May 10, 2008 -------> NOA1 received for EAD, AP, and AoS

May 10, 2008 -------> Biometrics appt date received

May 28, 2008 -------> Biometrics for EAD & AoS

Jun 11, 2008 -------> AoS case transferred to CSC

Jul 05, 2008 -------> AP Approval

Jul 09, 2008 -------> EAD approval

Jul 14, 2008 -------> EAD and AP received

Jul 17, 2008 -------> AoS approved (card production ordered)

Now for my obnoxious signature Meez©:

0605_10033471973.gif

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Filed: Country: Jamaica
Timeline
Isn't the k1 visa for 90 days. And can she travel with that visa back and forth during those 90 days?

The problem is that she has a government contract and she is a team leader, and we are trying to avoid the termination of the contract.

Once the K-1 is issued, she has 6 months to use it for the one time entry into the US. After it is stamped at the POE, she has 90 days in which to marry you.

No, she cannot travel back and forth on it. That is what the AP is for, and that can take up to or more then the 90 days time frame.

You must marry to file for AOS. Once her green card or AP is in hand, she can then travel at her pleasure.

It sounds like she is going to have to wait it out to the end of her contract in her own country or break the contract. If she waits it out, she must make sure it ends within that 6 months after issue of the visa time frame.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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