AOS

[andyw71 0]

I want to make sure of some details.

According to timelines, my K1 should be approved around may/june, and i will enter the US directly. My fiance and must be in japan early july, but this is before we plan on getting married. Should i be applying for advanced parole when i arrive in the us, so i can then leave again, or have i got this all wrong?

many thanks

Andy

[Baileyj96 0]

Hi Andy,

Well from what I understand, You can not file for AOS, AP and EAD until after you are married. Even if you do get married asap, It usually takes several month before your AP, EAD and AOS is approved. I doubt that you would receive your approved AP by the time you were planning on leaving.

Your K-1 is good for 6 months. Would it be possible for your fiance to delay coming until after July?

Best Wishes,

Baileyj

[ridley 0]

Andy,

My understanding is that you can only enter the U.S. once on a K1 visa, and that if you leave again before you're married, the visa is null and void. As the last poster mentioned, it can take months to receive advanced parole, once you've applied for your adjustment of status. I'd recommend flying directly to Japan before entering the U.S., if that's a possibility.

[jmoon87 0]

Ok , i am using a attorney and this is what we were told .when entering on a k1 you can not leave untill you marry and than apply for your aos and get your advanced parole .if you leave before completing these things you will not be allowed reentry to the u.s. ...

[gag54611 1]

Andy,

I sense that you want to go to Japan with your fiance, before you get married. If you have already entered the USA at this time, then it is not possible.

Here is a rough timeline:

1 Arrive in the USA

2 Get married within 90 days of arrival

3 File for AOS, EAD, and AP as soon after the marriage as possible.

4 Roughly 2 months after filing, you will get AP.

5 Roughly 3 months after filing, you will get EAD.

6 Roughly 6 months after filing, you will get your Green Card.

The first 3 must occur in that order. The latter 3 might vary a little.

Since your fiance is going to be in Japan in July, and you have 6 months to enter the USA after the K-1 is granted, and Japan is just a tad north of Australia , have you considered delaying your departure from Australia until July and then meeting your fiance in Japan? You could then travel to the USA together.

Best of luck,

G

Edited February 8, 2006 by gag54611

[happyimmigrant 0]

I want to make sure of some details.

According to timelines, my K1 should be approved around may/june, and i will enter the US directly. My fiance and must be in japan early july, but this is before we plan on getting married. Should i be applying for advanced parole when i arrive in the us, so i can then leave again, or have i got this all wrong?

many thanks

Andy

The other posters here are correct.

Your K-1 is good only for ONE entry. If you leave before you are married, you will have to start all over again. If you must be in Japan in July, you will need to hold off on entering the US until you return from Japan. Then use the K-1 to enter the US, get married, and begin your AOS filing.

Advanced Parole cannot be filed for until after you are married and have filed for AOS.

[gcox457 0]

It's possible that the consulate *might* re-issue the K-1 to be valid for another entry after leaving the U.S. before marriage. The original 90 day deadline still applies in that case. The Consulate is not required to do this, so it would be foolish to make an assumption that this would happen while making plans. Consulates generally do this in cases of true emergencies. Since you know well ahead of time of your need to go to Japan, it is unlikely they would be very sympathetic. "A lack of planning on your part does not constitute an emergency on the Department of State's part".

The best plan would be to delay entry to the U.S. until such time that you can stay and get married...and file for AP along with AOS.

Good luck.

[andyw71 0]

Thanks for your replies. Good luck to all.

Andy