Travel after K1 visa approval

[SuprSta1 0]

So my fiance's sister is probably going to be getting married in December of 2009 and I'm tring to figure out if we will be able to travel back to India for the Wedding. According to the other time-lines I've seen we should have visa approval by then (cross my fingers) and already be married. Does anyone know if there are conditions for being able to leave the country after we are married? Do we have to wait until his status is adjusted?

His family is very intent on us being there for his sisters wedding and I would love for us both to be able to go back to visit as well.

Thanks for your help in advance!!

~Joanna

[payxibka 10,045]

So my fiance's sister is probably going to be getting married in December of 2009 and I'm tring to figure out if we will be able to travel back to India for the Wedding. According to the other time-lines I've seen we should have visa approval by then (cross my fingers) and already be married. Does anyone know if there are conditions for being able to leave the country after we are married? Do we have to wait until his status is adjusted?

His family is very intent on us being there for his sisters wedding and I would love for us both to be able to go back to visit as well.

Thanks for your help in advance!!

~Joanna

You may leave anytime you want.... However, re-entry without APPROVED advance parole or greencard will be a b!tch.....

[Saddle Bronc 124]

So my fiance's sister is probably going to be getting married in December of 2009 and I'm tring to figure out if we will be able to travel back to India for the Wedding. According to the other time-lines I've seen we should have visa approval by then (cross my fingers) and already be married. Does anyone know if there are conditions for being able to leave the country after we are married? Do we have to wait until his status is adjusted?

His family is very intent on us being there for his sisters wedding and I would love for us both to be able to go back to visit as well.

Thanks for your help in advance!!

~Joanna

Another option, assuming that the K-1 visa is approved AFTER 2009 June (ignore if approved prior to that): as there is a 180-day deadline to activate the visa, your fiancé may then be able to remain in India until after his sister's wedding; then you can travel there for it (and travel to US together).

[DanielParul 50]

Another option, assuming that the K-1 visa is approved AFTER 2009 June (ignore if approved prior to that): as there is a 180-day deadline to activate the visa, your fiancé may then be able to remain in India until after his sister's wedding; then you can travel there for it (and travel to US together).

Took the words right out of my mouth.

Go there to attend the wedding and bring your fiancee to the US with you after that. She has 180 days to enter after she gets the visa. Once she enters she will need Advance Parole to reenter till she gets her greencard

[SuprSta1 0]

Another option, assuming that the K-1 visa is approved AFTER 2009 June (ignore if approved prior to that): as there is a 180-day deadline to activate the visa, your fiancé may then be able to remain in India until after his sister's wedding; then you can travel there for it (and travel to US together).

Took the words right out of my mouth.

Go there to attend the wedding and bring your fiancee to the US with you after that. She has 180 days to enter after she gets the visa. Once she enters she will need Advance Parole to reenter till she gets her greencard

Ok, so what I'm getting is that if we get the visa approval and he comes to the States and we get married... we will have to wait until he gets his greencard before we can travel to India for a visit? We would only stay a couple weeks and then come back to the States.

Also, lets just say that we dont get visa approval until March... we would still only have 180 days for him to come to the States on the K1 visa, right? That wouldn't work out with the timing because that would put us at Sept for him to come to the States and the Wedding is in December.

I appreciate all your thoughts.

Thanks again!

~ Joanna

[catknit 144]

Hi Joanna,

You are correct that you'll have 180 days for your fiance to use his visa - so let's say he gets it in March, he'd need to use the visa by September.

It's so funny because I'm in the same boat as you sort of. My SO's brother is getting married late May or June of 2009 - we are finally at the interview stage of this whole thing [waiting on the appt] and this is what we decided to do. If he gets the visa before December, he'll come over - we marry quickly, apply for AOS/EAD/AP.

He should get his travel papers [AP] in about 2-4 months. This is not a green card but paperwork that will allow him to travel overseas legally. A K1 visa is a one time entry visa ONLY. So once he gets here, until further paperwork is processed, he needs to stay. If he leaves, we'd need to start the process all over again with either a K3 or CR1.

If my SO can't make it over before December - he's waiting it out in India and I'll go over for the wedding.

For us the timing is working out because we don't have the visa in hand yet and don't expect it before some time in November.

In your case, if he gets the visa before March - he'll need to come over and get AP to go back. If it's after March, he can wait it out in India.

[Saddle Bronc 124]

Another option, assuming that the K-1 visa is approved AFTER 2009 June (ignore if approved prior to that): as there is a 180-day deadline to activate the visa, your fiancé may then be able to remain in India until after his sister's wedding; then you can travel there for it (and travel to US together).

Took the words right out of my mouth.

Go there to attend the wedding and bring your fiancee to the US with you after that. She has 180 days to enter after she gets the visa. Once she enters she will need Advance Parole to reenter till she gets her greencard

Ok, so what I'm getting is that if we get the visa approval and he comes to the States and we get married... we will have to wait until he gets his greencard before we can travel to India for a visit? We would only stay a couple weeks and then come back to the States.

No. If you choose to file "package" I-485 after the wedding, you can leave/re-enter the US after you get Advance Parole (usually this occurs earlier than GC approval)

Also, lets just say that we dont get visa approval until March... we would still only have 180 days for him to come to the States on the K1 visa, right? That wouldn't work out with the timing because that would put us at Sept for him to come to the States and the Wedding is in December.

I appreciate all your thoughts.

Thanks again!

~ Joanna

Joanna, the 180-day interval I mentioned is only the deadline to activate the visa--if the visa is approved in March, then it may be good for him to make the trip to US between March and May. AP will generally be approved in far less than 7 months.

[DanielParul 50]

Yes if he gets the visa in march then he should come to the US and both of you get married and apply for AOS. An Advance Parole usually should not take more that 90 days to get, which means he will be good to go for the wedding and reenter the US