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Filed: K-1 Visa Country: Canada
Timeline
Posted

I apologize if this has been covered and/or if I'm posting in the wrong spot. I have my K-1 visa and was of the understanding that once I enter the USA and get married, I may apply for a travel permit so I can visit Canada before my adjustment of status (2 years). I contacted the Montreal consulate and they said there is no such permit, and that I won't be allowed to travel back to Canada for 2 years!!! Am I missing something? I was hoping to move to the States this summer and at least be able to visit my folks at Christmas. Thank you in advance.

Employment Authorization Document

CIS Office : Chicago IL (transfered to California)

Filing Method : Mail

Filing Instance : First

Date Filed : 2009-09-25

NOA Date : 2009-09-30

RFE(s) :

Bio. Appt. :

Approved Date : 2009-11-17

Date Card Received : 2009-11-20

Advance Parole

CIS Office : Chicago IL (transfered to California)

Filing Method : Mail

Filing Instance : First

Date Filed : 2009-09-25

NOA Date : 2009-09-30

RFE(s) :

Date Received : 2009-11-10

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Filed: AOS (apr) Country: Philippines
Timeline
Posted
I apologize if this has been covered and/or if I'm posting in the wrong spot. I have my K-1 visa and was of the understanding that once I enter the USA and get married, I may apply for a travel permit so I can visit Canada before my adjustment of status (2 years). I contacted the Montreal consulate and they said there is no such permit, and that I won't be allowed to travel back to Canada for 2 years!!! Am I missing something? I was hoping to move to the States this summer and at least be able to visit my folks at Christmas. Thank you in advance.

covered daily... :)

Take a look at the form I-131... What you are referring too is called Advance Parole

moving to appropriate forum

YMMV

Filed: Citizen (apr) Country: China
Timeline
Posted

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: K-1 Visa Country: Canada
Timeline
Posted

Thanks! You guys are awesome and very helpful!

Employment Authorization Document

CIS Office : Chicago IL (transfered to California)

Filing Method : Mail

Filing Instance : First

Date Filed : 2009-09-25

NOA Date : 2009-09-30

RFE(s) :

Bio. Appt. :

Approved Date : 2009-11-17

Date Card Received : 2009-11-20

Advance Parole

CIS Office : Chicago IL (transfered to California)

Filing Method : Mail

Filing Instance : First

Date Filed : 2009-09-25

NOA Date : 2009-09-30

RFE(s) :

Date Received : 2009-11-10

axdob4uy4.png

Posted

But don't forget this little gem:

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

So don't overstay your AP!

Emergency Travel

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Philippines
Timeline
Posted
But don't forget this little gem:

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

So don't overstay your AP!

Emergency Travel

good reminder but the last statement.... huh?

YMMV

Posted
But don't forget this little gem:

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

So don't overstay your AP!

Emergency Travel

good reminder but the last statement.... huh?

even with an AP - if you stay out of the country for more than a year (USCIS normally issues a 1-year, multiple-use advance parole document), it's considered abandoning the AOS.

So don't overstay :whistle:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
But don't forget this little gem:

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

So don't overstay your AP!

Emergency Travel

good reminder but the last statement.... huh?

even with an AP - if you stay out of the country for more than a year (USCIS normally issues a 1-year, multiple-use advance parole document), it's considered abandoning the AOS.

So don't overstay :whistle:

Whistle all you want... one can overstay there authorized stay period but one does NOT overstay Advance Parole (AP).... obviously you need to understand how you are using words..

Edited by payxibka

YMMV

Posted
But don't forget this little gem:

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

So don't overstay your AP!

Emergency Travel

good reminder but the last statement.... huh?

even with an AP - if you stay out of the country for more than a year (USCIS normally issues a 1-year, multiple-use advance parole document), it's considered abandoning the AOS.

So don't overstay :whistle:

Whistle all you want... one can overstay there authorized stay period but one does NOT overstay Advance Parole (AP).... obviously you need to understand how you are using words..

Overstay = To stay beyond the time or the limits of; as, to overstay the appointed time.

If your AP is only good for a year, and you stay away for more than a year, as in, overstay, you will be considered to have abandoned your AOS. (as applicable)

I understand exactly how to use my words, thank you very much... :thumbs:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
But don't forget this little gem:

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

So don't overstay your AP!

Emergency Travel

good reminder but the last statement.... huh?

even with an AP - if you stay out of the country for more than a year (USCIS normally issues a 1-year, multiple-use advance parole document), it's considered abandoning the AOS.

So don't overstay :whistle:

Whistle all you want... one can overstay there authorized stay period but one does NOT overstay Advance Parole (AP).... obviously you need to understand how you are using words..

Overstay = To stay beyond the time or the limits of; as, to overstay the appointed time.

If your AP is only good for a year, and you stay away for more than a year, as in, overstay, you will be considered to have abandoned your AOS. (as applicable)

I understand exactly how to use my words, thank you very much... :thumbs:

If you leave BEFORE proper documentation is received (as indicated by your quote)... you immediately abandon your status the very moment you step foot outside the USA... NOT after one year....

Even if you leave WITH proper documentation, a previopus overstay, (defined as overstaying your authorized period INSIDE the USA NOT outside) which results in a re-entry ban is the problem that Advance Parole does NOT overcome and may PREVENT your return even IF you have been outside even just 1 day, let alone 365 days...

Common sense tells you that if a document is expired you are SOL but the use of AP has other stumbling blocks even if it is still valid on paper...

Edited by payxibka

YMMV

Posted
But don't forget this little gem:

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

So don't overstay your AP!

Emergency Travel

good reminder but the last statement.... huh?

even with an AP - if you stay out of the country for more than a year (USCIS normally issues a 1-year, multiple-use advance parole document), it's considered abandoning the AOS.

So don't overstay :whistle:

Whistle all you want... one can overstay there authorized stay period but one does NOT overstay Advance Parole (AP).... obviously you need to understand how you are using words..

Overstay = To stay beyond the time or the limits of; as, to overstay the appointed time.

If your AP is only good for a year, and you stay away for more than a year, as in, overstay, you will be considered to have abandoned your AOS. (as applicable)

I understand exactly how to use my words, thank you very much... :thumbs:

If you leave BEFORE proper documentation is received (as indicated by your quote)... you immediately abandon your status the very moment you step foot outside the USA... NOT after one year....

Even if you leave WITH proper documentation, a previopus overstay, (defined as overstaying your authorized period INSIDE the USA NOT outside) which results in a re-entry ban is the problem that Advance Parole does NOT overcome and may PREVENT your return even IF you have been outside even just 1 day, let alone 365 days...

Common sense tells you that if a document is expired you are SOL but the use of AP has other stumbling blocks even if it is still valid on paper...

Perhaps you are misunderstanding what I wrote.

I never said anything about leaving without proper documentation and waiting a year. I was getting the my point across if you have the AP, and you go over the time limit on it, outside of the US, you are out of luck.

Overstay works both ways, in or out of the USA, in this case, it is overstaying the length of time given with the AP, outside of the US. Maybe you are hung up on my use of the word "overstay"? It's just not for "overstaying" in the US.

I did not say anything about a previous overstay in the US, nor the effect it can have on an AP. But you are correct in what you wrote.

:thumbs:

It's all good - discussion is good for info! :luv:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
I apologize if this has been covered and/or if I'm posting in the wrong spot. I have my K-1 visa and was of the understanding that once I enter the USA and get married, I may apply for a travel permit so I can visit Canada before my adjustment of status (2 years). I contacted the Montreal consulate and they said there is no such permit, and that I won't be allowed to travel back to Canada for 2 years!!! Am I missing something? I was hoping to move to the States this summer and at least be able to visit my folks at Christmas. Thank you in advance.

Haven't seen you post before psalm. Check out the Canada forum here and welcome to VJ!

http://www.visajourney.com/forums/index.php?showforum=93

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