Overseas Visits after Approval?

[eve101 0]

HI everyone. We're currently just waiting for our NOA2, but I have some questions about the K-1 after it's approved and we're married and here in the US. W

e want to go back to Brazil a year after our wedding to visit or stay for a while, for a few months, but with the idea of returning here to the US. What are the rules for a (non-?) immigrant who wants to leave and come back?

Would we have to apply for a K-3 just to come back? or what?

I was just reading that the K-3 is better for this, and I wonder if we opted for the wrong type of visa, and should have got married there???

Any married folks who know about this stuff please let us know, any info or advice would be appreciated.

All I know is we want my fiance to come to the US and this seemed the only way. But we don't want to remain restricted to stay here forever, or lose our marriage our whatever...

This is so confusing....

But love makes it worth it, right?

[~Laura and Nick~ 5]

Hi

Once you enter the States and get married, you apply for Adjustment of Status (Green card) At the same time you apply for EAD (Work authorization) and AP (Advanced Parole)

Advanced Parole and EAD take about 3 months to get.

He can leave the country any time after marriage but he would not be allowed back into the country without either the AP document in hand or the green card. He would be refused entry without either.

You'd have to start ALL over with a K3 visa, which is approx another year wait.

Since you've already filed, I wouldn't get married cause you'd be out the $455 filing fee and you'd have to do your paperwork all over again for the K3 and start from square one.

Best of luck

Edited January 29, 2008 by ~Laura and Nick~

[msu17 0]

Yup, you just file for Advanced Parole when you file AOS. My husband got his about 2 months after filing. We went back to England for X-mas and had no problems coming back in. I'm not sure how long you can be out of the country on AP though, so make sure you dont stay away from the US for too long. Once you have the greencard, you just use that.

[YuAndDan 153]

This is asked so much there is a FAQ for it.

6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

In fact it was asked just a few hours ago.

http://www.visajourney.com/forums/index.ph...=107351&hl=