URGENT I NEED A RESPONSE

[mlm399 0]

HI

MY FIANCE IS ABOUT TO HAVE HIS INTERVIEW IN GUAYAQUIL AND IF ALL GOES WELL I REALLY REALLY WANT TO BRING HIM BACK WITH ME AFTER THE INTERVIEW, AND WE WOULD FLY BACK TOGETHER TO THE STATES. HOWEVER WE WOULD ALSO LIKE TO RETURN TOGETHER TO ECUADOR AS EARLY AS JUNE AND STAY FOR ABOUT A MONTH HERE IN ECUADOR BEFORE GOING BACK TO THE US AGAIN.

IS THIS AT ALL POSSIBLE, OR AM I JUST DREAMING....I DON´T WANT TO BUY HIM A TICKET TO COME BACK WITH ME AND THEN FIND OUT LATER ON THAT WE WON´T BE ABLE TO RETURN TO ECUADOR FOR A VISIT AS EARLY AS JUNE..

ANY ADVICE IS WELCOME AND ASAP....

THANKS

[MarkNAshley 0]

It takes about 2-3 months to get your AP documents. With a K-1, it is a one time entry VISA and therefore he won't be able to return without AP documents or a greencard. You might be cutting it close with a trip in june.

Hope that helps a bit,

[jannaxhitti 0]

HI

MY FIANCE IS ABOUT TO HAVE HIS INTERVIEW IN GUAYAQUIL AND IF ALL GOES WELL I REALLY REALLY WANT TO BRING HIM BACK WITH ME AFTER THE INTERVIEW, AND WE WOULD FLY BACK TOGETHER TO THE STATES. HOWEVER WE WOULD ALSO LIKE TO RETURN TOGETHER TO ECUADOR AS EARLY AS JUNE AND STAY FOR ABOUT A MONTH HERE IN ECUADOR BEFORE GOING BACK TO THE US AGAIN.

IS THIS AT ALL POSSIBLE, OR AM I JUST DREAMING....I DON´T WANT TO BUY HIM A TICKET TO COME BACK WITH ME AND THEN FIND OUT LATER ON THAT WE WON´T BE ABLE TO RETURN TO ECUADOR FOR A VISIT AS EARLY AS JUNE..

ANY ADVICE IS WELCOME AND ASAP....

THANKS

I'm not an expert, but if I'm correct he won't have any rights to cross borders freely until he adjusts status and receives his Green Card (which is usually 3-6 months after you apply for AOS).

Correct me if I'm wrong, fellow VJers...

[Cassie 8]

HI

MY FIANCE IS ABOUT TO HAVE HIS INTERVIEW IN GUAYAQUIL AND IF ALL GOES WELL I REALLY REALLY WANT TO BRING HIM BACK WITH ME AFTER THE INTERVIEW, AND WE WOULD FLY BACK TOGETHER TO THE STATES. HOWEVER WE WOULD ALSO LIKE TO RETURN TOGETHER TO ECUADOR AS EARLY AS JUNE AND STAY FOR ABOUT A MONTH HERE IN ECUADOR BEFORE GOING BACK TO THE US AGAIN.

IS THIS AT ALL POSSIBLE, OR AM I JUST DREAMING....I DON´T WANT TO BUY HIM A TICKET TO COME BACK WITH ME AND THEN FIND OUT LATER ON THAT WE WON´T BE ABLE TO RETURN TO ECUADOR FOR A VISIT AS EARLY AS JUNE..

ANY ADVICE IS WELCOME AND ASAP....

THANKS

I'm not an expert, but if I'm correct he won't have any rights to cross borders freely until he adjusts status and receives his Green Card (which is usually 3-6 months after you apply for AOS).

Correct me if I'm wrong, fellow VJers...

Not true. While waiting for the green card, one can apply, receive, and use AP (Advance Parole) -- documents that allow someone waiting to complete AOS to re-enter the US after leaving.

To the OP -- it is taking about 90 days or so to receive AP after applying for it, it sounds you would be cutting it really close trying to go back in June. Don't make travel plans until AP papers are in your hands.

[Kez/JWolf 6]

Once your fiance has been approved for his K1 visa and he enters the US you have 90 days to get married, once you have donr that you need to apply for AOS and EAD and AP it will take about 90 days for the AP to be approved once you have the AP in your hand (a few weeks after the approval) he can then leave the US and return using the AP... if he were to leave before he had been approved and recieved the AP he would be abandoning his AOS and he would have to start all over agin with a spousal visa.... I do not think you have time to do everything you will need to do and get approved for the AP for a trip back to his home country in June....

Kez

[desert_fox 32]

Once your fiance has been approved for his K1 visa and he enters the US you have 90 days to get married, once you have donr that you need to apply for AOS and EAD and AP it will take about 90 days for the AP to be approved once you have the AP in your hand (a few weeks after the approval) he can then leave the US and return using the AP... if he were to leave before he had been approved and recieved the AP he would be abandoning his AOS and he would have to start all over agin with a spousal visa.... I do not think you have time to do everything you will need to do and get approved for the AP for a trip back to his home country in June....

Kez

Finally a correct answer...

After you are married, you submit the request to adjust status....at the same time you request an Advance parole document in order to reenter the US should you leave.

Once he enters the US...allowing for marriage and submitting the required forms, waiting for approval...youre looking at several months.....it will never happen by June.

[Cassie 8]

Once your fiance has been approved for his K1 visa and he enters the US you have 90 days to get married, once you have donr that you need to apply for AOS and EAD and AP it will take about 90 days for the AP to be approved once you have the AP in your hand (a few weeks after the approval) he can then leave the US and return using the AP... if he were to leave before he had been approved and recieved the AP he would be abandoning his AOS and he would have to start all over agin with a spousal visa.... I do not think you have time to do everything you will need to do and get approved for the AP for a trip back to his home country in June....

Kez

Finally a correct answer...

After you are married, you submit the request to adjust status....at the same time you request an Advance parole document in order to reenter the US should you leave.

Once he enters the US...allowing for marriage and submitting the required forms, waiting for approval...youre looking at several months.....it will never happen by June.

please enlighten me how my answer was wrong, I am curious

[pushbrk 13,116]

Once your fiance has been approved for his K1 visa and he enters the US you have 90 days to get married, once you have donr that you need to apply for AOS and EAD and AP it will take about 90 days for the AP to be approved once you have the AP in your hand (a few weeks after the approval) he can then leave the US and return using the AP... if he were to leave before he had been approved and recieved the AP he would be abandoning his AOS and he would have to start all over agin with a spousal visa.... I do not think you have time to do everything you will need to do and get approved for the AP for a trip back to his home country in June....

Kez

Finally a correct answer...

After you are married, you submit the request to adjust status....at the same time you request an Advance parole document in order to reenter the US should you leave.

Once he enters the US...allowing for marriage and submitting the required forms, waiting for approval...youre looking at several months.....it will never happen by June.

please enlighten me how my answer was wrong, I am curious

Perhaps you were intentionally "understating" with the "cutting it close" comment. Everything else in your answer looks accurate. What you left out was that the 90 day clock is going to start at least weeks after arrival. First marriage, then get the certificate. Then, unless you want to pay the extra to apply for AP separately, they would need to be ready with everything to file AOS and EAD together with the AP. The whole thing from arrival to 90 days after filing is more like 120 days plus.

It's already March 17, so cutting it close would be the end of July. August or September would be more realistic.

It is, possible to apply for emergency AP however, so accomplishing that by June may well be doable. The need should be "emergent". A friend of mine went into the LA local office and got AP for his wife the same day, so she could take an international business trip with him and visit her family on the return leg. Nobody was on their death bead or anything.

Edited March 17, 2008 by pushbrk

[desert_fox 32]

Not true. While waiting for the green card, one can apply, receive, and use AP (Advance Parole) -- documents that allow someone waiting to complete AOS to re-enter the US after leaving.

To the OP -- it is taking about 90 days or so to receive AP after applying for it, it sounds you would be cutting it really close trying to go back in June. Don't make travel plans until AP papers are in your hands.

I apologize...you are absolutetly correct....either I misread your post or it was in the process of being posted when I answered. Maybe it was that it wasnt clear that you had to be married first and send in the I-485 along with the request for AP.

Once again...I apologize.