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kgo

K1 questions after entry

By kgo in Working & Traveling During US Immigration

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kgo Contributor

kgo   0

Posted
Filed: K-1 Visa Timeline
Posted

so we're just confused about some things and are trying to plan trips etc, so really need to know for sure

1 - my fiance enters the usa on the K1 visa, we get married within 90 days and then we apply for the Adjustment of Status

2 - after he receives his adjustment of status approval, can we leave the country together to holiday in his home country at any time? or does he have to stay in the country for a certain amount of time

we're wondering if he would have trouble getting back in again...

I know that after he gets his first adjustment of status, he has to do it again in 2 years after that... but can we leave the country together within those 2 years or does he have to wait in America during that period?

ReignVictorious Explorer

ReignVictorious   0

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

He can't leave the country until he gets his 2 yrs Green Card on his hand. You cannot travel with an AOS approval letter else it will create problem. So just wait for his green card...than u ready for traveling

ROUND 4 - KNOCK OUT ROUND [N-400 Naturalization!!!

30-Mar-2010 N-400 Form sent to Phoenix Service Center

31-Mar-2010 N-400 Packet Recieved at 10:30am

13-Apr-2010 Check Cashed

16-Apr-2010 Recieved I-797C Notice of Action

20-Apr-2010 Mailed RFE (I believe must be Biometrics)

22-Apr-2010 Case Updated

27-Apr-2010 Received Biometrics letter set for May 13

13-May-2010 Biometrics Completed in PHX

11-Jun-2010 Receieved Text at 1:00 AM from USCIS "CASE TOUCHED"

11-Jun-2010 Case Transfered to Local Office, PHX for Interview

12-Jun-2010 Case Touched

14-Jun-2010 Interview Letter Recieved, Set for July 19th

16-Jun-2010 Case Touched

19-Jul-2010 Interview Day in Phoenix AZ @ 9:40am

19-Jul-2010 Case Approved Yippeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee!!!!!

29-Jul-2010 Received N-445 Notice of Naturalization Oath Ceremony Letter set for Aug 6th from local office Phoenix,AZ...wooohoooo!!! Praise the LORD

31-Jul-2010 Received 2nd N-445 Notice of Naturalization Oath Ceremony Letter for Aug 6th from NBC Missouri

06-Aug-2010 Oath Ceremony at Dist.Court PHX....Proud to be a US Citizen...wooohoooo!!! Thank you Lord

06-Aug-2010 SSN Updated at District Court PHX

06-Aug-2010 Register for Voters Card at District Court PHX

22-Feb-2011 Applied for U.S. Passport - lol oops been lazy

07-Mar-2011 US Passport Issued

09-Mar-2011 US Passport Received...yipeee

11-May-2011 Sent Renunciation Application to India Embassy, San Francisco CA

25-May-2011 India Embassy recieved Renunciation application

06-Jun-2011 Received Renunciation Surrender Certificate from India Embassy.....grrr $ 190 bucks for one small tiny seal humph!!!

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted (edited)
He can't leave the country until he gets his 2 yrs Green Card on his hand. You cannot travel with an AOS approval letter else it will create problem. So just wait for his green card...than u ready for traveling

He can also leave if they file for, and receive the advanced parole document. I-131 (which is usually filed with the AOS, and received within 90 days).

Once you get the green card, you no longer need the AP, and you can come and go as you wish, just don't leave more than 1 year, (without getting a re-entry permit) (conditional or 10 year is the same in this respect)

Edited by Bobby_Umit

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

Krikit Grand Master

Krikit   1,164

Posted
Filed: Timeline
Posted
He can't leave the country until he gets his 2 yrs Green Card on his hand. You cannot travel with an AOS approval letter else it will create problem. So just wait for his green card...than u ready for traveling

Just a clarification on the above..... he can travel out of the country with Advance Parole. Or, more to the point, he can return to the US with his AP.... he can leave the US anytime he likes. :lol:

Here are some links for you:

Working & Travelling Prior to Getting a Green Card

CBP FAQ - Can I Leave the US?

iagree.gif
baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

2 - after he receives his adjustment of status approval, can we leave the country together to holiday in his home country at any time? or does he have to stay in the country for a certain amount of time

Yes but if you apply for the AP (Advanced Parole) at the same time you send in the AOS, with that he can leave and more importantly, return to the US prior to receiving the GC.

we're wondering if he would have trouble getting back in again...

He would not with either the AP or the CG in hand.

I know that after he gets his first adjustment of status, he has to do it again in 2 years after that... but can we leave the country together within those 2 years or does he have to wait in America during that period?

Yes, no waiting required.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

 
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