Travelling after marriage while applying for AOS

[FaustInAK 1]

Hello there!!! I hope you all have a beautiful day!

I have another question

My situation is kind of complicated. Our I-129F got approved at the end of february. NVC has already sent our case to the Embassy in Paris. I shoudl received packet 3 anytime now. I have already all the papers I need for interview, so I have good hopes to get my visa - if everything goes ok - by mid-May (I am currently visiting my boyfriend, so I won't be able to show up for an interview before end of April). Anyway, as my fiancé is going to work on the field from june to end of september and that he won't be much at home, we have decided that I would come upon K1 only in October. Because I don't want to be alone in a new place for several months, not being allowed to work and not knowing anybody.. I was planning on arriving through POE Anchorage in Alaska, where I cannot get the EAD stamp... So I won't be able to work before I apply for AOS and receive my 1 year EAD. And I'd like to work right after my arrival!!

So, we have been thinking that maybe as soon as I get my visa, we should get married, then apply for AOS and EAD right after, and we could win a few months in the process.. I could go to the US around june with K1 and get married. And then, I would go back to France to work, while my baby is gone for his field season and I would wait for EAD there. Is this possible to leave the USA after marriage and while AOS and EAD are processing??? Or is this the worst idea ever? Does that make any sense?

Please, can anyone advise me on this, that would be really helpful!

Many thanks, have a great day!

Faustine

[Minya's wife 24]

The K-1 is a single entry visa, and contingent upon marrying the petitioning USC w/in 90 days of arrival on the visa. Once married, you cannot leave and re-enter the US until you have your Greencard or Advance Parole. If leave after marriage, but before AOS is approved, you will be considered as abandoning the process...that is why Advance Parole is necessary so you can come back w/out penalty.

Good luck,

-P

[YuAndDan 153]

YES, When you marry and then file to adjust status, you will also file for AP document (I-131) and will need the AP document in hand befor you leave the USA.

FAQ: 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

[bookie 0]

I was planning on arriving through POE Anchorage in Alaska, where I cannot get the EAD stamp... So I won't be able to work before I apply for AOS and receive my 1 year EAD. And I'd like to work right after my arrival!!

So, we have been thinking that maybe as soon as I get my visa, we should get married, then apply for AOS and EAD right after, and we could win a few months in the process.. I could go to the US around june with K1 and get married. And then, I would go back to France to work, while my baby is gone for his field season and I would wait for EAD there. Is this possible to leave the USA after marriage and while AOS and EAD are processing??? Or is this the worst idea ever? Does that make any sense?

YES YOU CAN WORK AS SOON AS YOU ARRIVE IN THE US

Regarding your EAD, i was able to get a university position a month after my arrival even without EAD. if you read the SSN website, it says there that we dont actually need an EAD because we are actually entering the US with the assumption that we will be living here. K1 visa holders have authority to work from INS, its just not put on our passport or visas, but it is in their handbook(i think). however... when you get your SSN, they will print "valid only with INS authorization"

when i filed for my documents at work, they have to send me to the international students office in my university (which was mind-boggling because i am not a student, i am an employee). i was quite lucky because the person who entertained me was quick minded and told me that even if the SSN website stated that we dont need an EAD, the INS is a completely different entity and that they have different rules. then he said the handbook from INS actually allowed us to work too (phew!). The only hindrance for your being accepted at work is actually the personnel handling your employment application. a lot of them are not familiar with immigration rules and will actually give you a hard time. The human resources at our department didnt know what they were doing so they have to refer me to someone who is more familiar with my case, but i was lucky to be forwarded to a knowledgeable person. I dont have my EAD on paper yet but im already working and will just be forwarding the adjustment papers to our human resources when i get them because they have a record of my I-94 expiration.

I understand your concern about being idle and jobless when you arrive here, but you can actually work, as long as the people who handle your job application know what they're supposed to be doing

I got married 2 months after i arrived because as much as i loved my husband, i wanted to make sure that i am amenable to living the another country. remember you are migrating not because of the greencard but because of the life you would be living here. take your time, dont rush things and prepare for a wedding you deserve.

you may not leave the US for any reason without the EAD & AP because you might be denied entry when you come back. so, i suggest you dont go back to france to work.

p.s.

i heard that the people at the san francisco POE are actually nicer than those in the east coast. i dont know anything about the POE in alaska though. but yeah, you are actually closer to the east coast than the west, so, good luck.