Time Restrictions once you arrive in the US

[ACGeiger 0]

Sorry to post a basic question but I couldn't find an exact answer.

From my understanding, once someone arrives on the K1, they get married within 90 days and then they must stay within the US and can't leave the country for a certain amount of time. How long is this time limit?

My fiancée has a job from Sweden that allows her to work from abroad (the US), but it could require her to travel to and from the US occasionally, including into China. How would her work be affected with this restriction? Is there any way to lift this requirement?

Thanks for the help,

Casey och Linnéa

[payxibka 10,047]

Sorry to post a basic question but I couldn't find an exact answer.

From my understanding, once someone arrives on the K1, they get married within 90 days and then they must stay within the US and can't leave the country for a certain amount of time. How long is this time limit?

My fiancée has a job from Sweden that allows her to work from abroad (the US), but it could require her to travel to and from the US occasionally, including into China. How would her work be affected with this restriction? Is there any way to lift this requirement?

Thanks for the help,

Casey och Linnéa

until you have advance parole or green card... not aware of any way to "lift" this requirement

[Kathryn41 3,205]

There isn't a specified period of time that one must remain in the US. It is governed by how fast certain documents are processed. Basically, when you come to the US on a K-1 you must marry within 90 days. The K-1 gives you permission to enter the US - it doesn't give you permission to remain in the US. To do that you need to file an I-485 petition to adjust status from non-immigrant to immigrant (known as AOS) At the same time you apply to adjust status, you are allowed to apply for permission to work (EAD) and permission to leave and return to the US (AP) while the AOS application is being processed. It generally takes about 90 days for the AP to be processed, so the time frame you are looking at depends on how soon you marry when she arrives to the US, how quickly you apply for the AOS and then add about 90 days. If she leaves the US without the AP or without the AOS completion (that gives her a green card), then the whole process is cancelled and you need to start the immigration process all over again from the beginning, but this time with a spousal visa (CR-1).

Hope this helps.

[ACGeiger 0]

There isn't a specified period of time that one must remain in the US. It is governed by how fast certain documents are processed. Basically, when you come to the US on a K-1 you must marry within 90 days. The K-1 gives you permission to enter the US - it doesn't give you permission to remain in the US. To do that you need to file an I-485 petition to adjust status from non-immigrant to immigrant (known as AOS) At the same time you apply to adjust status, you are allowed to apply for permission to work (EAD) and permission to leave and return to the US (AP) while the AOS application is being processed. It generally takes about 90 days for the AP to be processed, so the time frame you are looking at depends on how soon you marry when she arrives to the US, how quickly you apply for the AOS and then add about 90 days. If she leaves the US without the AP or without the AOS completion (that gives her a green card), then the whole process is cancelled and you need to start the immigration process all over again from the beginning, but this time with a spousal visa (CR-1).

Hope this helps.

yea it does a lot... thanks for all the detail!

[Gary and Alla 3,694]

Sorry to post a basic question but I couldn't find an exact answer.

From my understanding, once someone arrives on the K1, they get married within 90 days and then they must stay within the US and can't leave the country for a certain amount of time. How long is this time limit?

My fiancée has a job from Sweden that allows her to work from abroad (the US), but it could require her to travel to and from the US occasionally, including into China. How would her work be affected with this restriction? Is there any way to lift this requirement?

Thanks for the help,

Casey och Linnéa

There is no "time limit" per se. They can leave at any time, let's be clear about that. The US NEVER says a foreigner can't leave. They cannot RETURN to the USA unless they have an advance parole or Green card. These will take, typically, 2-6 months to receive after filing for them. You can file for the AP immediately on arrival. But it will cost you. If you wait and file it with the AOS (after marriage) it is no additional cost.

Sorry to post a basic question but I couldn't find an exact answer.

From my understanding, once someone arrives on the K1, they get married within 90 days and then they must stay within the US and can't leave the country for a certain amount of time. How long is this time limit?

My fiancée has a job from Sweden that allows her to work from abroad (the US), but it could require her to travel to and from the US occasionally, including into China. How would her work be affected with this restriction? Is there any way to lift this requirement?

Thanks for the help,

Casey och Linnéa

K-1s cannot work until they receive EAD or Green card. Again, 2-6 months after filing for them.

[Gary and Alla 3,694]

Sorry to post a basic question but I couldn't find an exact answer.

From my understanding, once someone arrives on the K1, they get married within 90 days and then they must stay within the US and can't leave the country for a certain amount of time. How long is this time limit?

My fiancée has a job from Sweden that allows her to work from abroad (the US), but it could require her to travel to and from the US occasionally, including into China. How would her work be affected with this restriction? Is there any way to lift this requirement?

Thanks for the help,

Casey och Linnéa

Yes, you can eliminate (not lift) this requirement by getting married (here or there) and filing for a CR-1. CR-1s take longer but allow immediate work and travel.

If being able to work immediately is a concern, this is the better route.

[Bobby+Umit 161]

I thought the EAD was for working in the US, if her job is from Sweden, and she leaves the US to do so, is an EAD still needed?

[Kathryn41 3,205]

That is a question that has raised a lot of debate. The EAD is to protect US employees so if she is still working outside of the US then she shouldn't need an EAD. You will find others who disagree, however. I do know of Canadians who work in Canada and continue/continued to work in Canada on existing jobs during the process and who did not have an EAD - they were not taking jobs away from Americans.

[Kathryn41 3,205]

Gary and Alla wrote: You can file for the AP immediately on arrival. But it will cost you. If you wait and file it with the AOS (after marriage) it is no additional cost.

Actually, this is very misleading. When you enter the country on a K-1 you cannot leave the country and return - it is good for a one time entry only. Benefits such as AP and EAD are based upon the current status of the individual involved. When a K-1 enters the country their status is valid in the US for the same amount of time as the I-94. Once the I-94 expires they are out of status. If you applied for AP before the AOS you would pay a good sized fee for a benefit that would not be granted - an AP cannot be issued on a K-1 entry and if it were processed it would be based on the I-94 - which expires in 90 days. It takes approximately 90 days for the AP to be processed, so even if it were issued it would no longer be valid because the individual's status in the US had expired. They could leave the US but they would not be allowed back into the country even with the AP and would have to start the immigration process all over again from the beginning. Once you file the AOS, the AP is based upon that application status as AOS applicant and is valid for as long as it takes to make a decision. The AP would be issued valid for one year and could be renewed if there was still no decision on the AOS.

[Angela & Paul 12]

A word to the wise: an AP document is like coming in on a visa, you are NOT guaranteed that the Immigration officer will let you into the US. If he/she suspects something afoul, you may be sent back and then things get really dicey for the whole Green Card thing!

A Green Card removes the threat. Because there is usually not much time between getting an AP and getting the actual approval for the green card (I-551 stamp) at the interview or the GC itself - a few days to a couple of months -, it is advisable not to try your luck too much with the AP, which is originally intended for EMERGENCY travel (and work, or even your brother's wedding, does not count as an emergency).

[ACGeiger 0]

A word to the wise: an AP document is like coming in on a visa, you are NOT guaranteed that the Immigration officer will let you into the US. If he/she suspects something afoul, you may be sent back and then things get really dicey for the whole Green Card thing!

A Green Card removes the threat. Because there is usually not much time between getting an AP and getting the actual approval for the green card (I-551 stamp) at the interview or the GC itself - a few days to a couple of months -, it is advisable not to try your luck too much with the AP, which is originally intended for EMERGENCY travel (and work, or even your brother's wedding, does not count as an emergency).

Thanks all, you have given me a lot to research. I think there are to many rules but I guess its just something you have to do. I was always under the impression that a green card would take longer than mentioned but if it only takes on average 2-6 months we might just wait for the green card before leaving the states.

However, I was wondering about a honeymoon the other day. If we were to go on a cruise for instance, say to the Bahamas, would that count as going out of the country? Considering we are technically never staying outside the country as we would be on the ships, how would that work. Was anyone able to go outside the states for a honeymoon or did you not even risk it?

Thanks again for all the help,

Casey och Linnéa

[papajeff 0]

so let me get this right....My fiance came in march 90 days ran out in June we got married in may how can i get approval for her to visit home? I was told to apply for aos and work permit all at the same time but it cost upwards of a 1,000 if I can file papers for her to visit home without paying this that would be great.

[Anh map 2,098]

so let me get this right....My fiance came in march 90 days ran out in June we got married in may how can i get approval for her to visit home? I was told to apply for aos and work permit all at the same time but it cost upwards of a 1,000 if I can file papers for her to visit home without paying this that would be great.

K1 is a single use visa. Without apply for AOS and Advance Parole she has no legal way of reentering the US.

It is not a good idea to delay the AOS. Why take the risk of some random situation arising where your wife's out of status situation results in removal proceedings / extra stress in your life?

[Kathryn41 3,205]

However, I was wondering about a honeymoon the other day. If we were to go on a cruise for instance, say to the Bahamas, would that count as going out of the country? Considering we are technically never staying outside the country as we would be on the ships, how would that work. Was anyone able to go outside the states for a honeymoon or did you not even risk it?

Thanks again for all the help,

Casey och Linnéa

Unfortunately a cruise to the Bahamas or Mexico is considered leaving the US and you would be refused re-entry. The ships leave American waters and go into international waters so even if you never leave the ship you are still in foreign waters. Many of the cruises also stop at the different islands in the Bahamas or in different cities in Mexico so they have gone to a foreign country with you on them. Alaskan cruises often have the same problem since they may stop at a Canadian port of call.

There are lots of other lovely places to visit in the US for a honeymoon. Why not take advantage of getting to know the US better for now and plan on taking a cruise for your first anniversary or something like that?

Edited July 5, 2009 by Kathryn41

[Kathryn41 3,205]

so let me get this right....My fiance came in march 90 days ran out in June we got married in may how can i get approval for her to visit home? I was told to apply for aos and work permit all at the same time but it cost upwards of a 1,000 if I can file papers for her to visit home without paying this that would be great.

K1 is a single use visa. Without apply for AOS and Advance Parole she has no legal way of reentering the US.

It is not a good idea to delay the AOS. Why take the risk of some random situation arising where your wife's out of status situation results in removal proceedings / extra stress in your life?

This is no way you can allow her to visit home and return to the US without paying for the AOS - or if she left, without paying for the whole immigration process all over again from the beginning for a spousal visa while she waits overseas. You are doing her a great disservice by not applying for her AOS as soon as possible. She is now accumulating out of status days. 180 out of status days means that if she leaves the US even with the AP she would not be allowed to re-enter for 3 years. If she has a year of out of status days it means she would be barred from returning to the US for 10 years. She is also at risk for being picked up and deported by immigration. Do whatever you can to get the money together for the AOS - the work authorization and AP are included in that price - but she can't get either of those until she has filed for AOS.