Jump to content
Bonobo

Travelling outside the US after entering on a K1 visa

 Share

8 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Thailand
Timeline

My fiance just had her interview in Bangkok and should get her K1 fiance visa tomorrow. We are planning for her to arrive in the US in a couple of weeks.

A good friend of mine is getting married in mid-September in Canada... If my fiance and I get our marriage certificate before then, can she travel to Canada and back for that weekend??? Is this risky?

I would really appreciate some advice on this subject.

Thank you.

I-129F Sent : 2009-01-21

Check Cashed: 2009-01-27

I-129F NOA1 : 2009-01-30

I-129F NOA2 : 2009-04-30

NVC Received :2009-05-02

NVC Left :2009-05-07

Consulate Received :2009-05-20

Packet 3 Received :2009-07-10

Packet 3 Sent :2009-07-10

Packet 4 Received :2009-07-14

Interview Date : 2009-07-28

Visa Received : 2009-07-30

POE (JFK) : 2009-08-10

Married!!: 2009-10-16

AOS sent: 2010-02-17

Electronic notification of receipt: 2010-02-26

I-486, 765 & 131 NOAs: 2010-03-01

Biometric appointment NOA: 2010-03-08

Transfer to CA service center NOA: 2010-03-18

Biometrics appointment: 2010-03-23

Permanent Residence NOA: 2010-05-03

Perm Res card issued: 2010-05-03

Advance Parole issued: 2010-05-03

EAD card issued: 2010-05-03

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
My fiance just had her interview in Bangkok and should get her K1 fiance visa tomorrow. We are planning for her to arrive in the US in a couple of weeks.

A good friend of mine is getting married in mid-September in Canada... If my fiance and I get our marriage certificate before then, can she travel to Canada and back for that weekend??? Is this risky?

I would really appreciate some advice on this subject.

Thank you.

#1 She will need Advance Parole to leave the US and return. K-1 is a single entry visa.

#2 Getting a visa to Canada with a Thai passport is gonna be tough.

Doesn't look good IMO.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Syria
Timeline

well, i would get that advance parole thing, but you're going to need to wait a bit for it to come through. my cousin who came to the US via a k-1 visa just traveled to her brother's wedding in russia and had no problems. but that's her...good luck.

Timeline:

Sent in I-130 form: 01/29/09

Interview Date: 11/08/09 (APPROVED!)

Visa in Hand: 11/12/09

POE: 01/30/10 (!!!!) at JFK Airport in NYC... can't wait!

Got the green card maybe 8 weeks after 01/30/10...

TBC....

======================================================================

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline
My fiance just had her interview in Bangkok and should get her K1 fiance visa tomorrow. We are planning for her to arrive in the US in a couple of weeks.

A good friend of mine is getting married in mid-September in Canada... If my fiance and I get our marriage certificate before then, can she travel to Canada and back for that weekend??? Is this risky?

I would really appreciate some advice on this subject.

Thank you.

It is very unlikely she would receive the Advance Parole (AP)in time for your friend's wedding. If she isn't going to arrive in the US until around mid-August, that means it will be only a month until the wedding in Canada. You need to get married yourself and apply for AOS, AP and EAD then get the AP processed within that month. APs generally take about 3 months to process so even if you got married on the day of her arrival and applied for AOS and AP that same day (difficult to do as you need to have proof of the marriage registration with the State to apply), you would still be about 60 days short of the time needed to process the AP.

If she leaves the US without the AP she would not be allowed back in and you would have to start the immigration process all over again from the beginning, this time with a CR1 application. She can't receive an AP until she has filed for AOS (Ajustment of Status).

I think you will need to send your regrets to your friend but you and your 'wife' will not be able to attend due to her immigration situation.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
My fiance just had her interview in Bangkok and should get her K1 fiance visa tomorrow. We are planning for her to arrive in the US in a couple of weeks.

A good friend of mine is getting married in mid-September in Canada... If my fiance and I get our marriage certificate before then, can she travel to Canada and back for that weekend??? Is this risky?

I would really appreciate some advice on this subject.

Thank you.

It is very unlikely she would receive the Advance Parole (AP)in time for your friend's wedding. If she isn't going to arrive in the US until around mid-August, that means it will be only a month until the wedding in Canada. You need to get married yourself and apply for AOS, AP and EAD then get the AP processed within that month. APs generally take about 3 months to process so even if you got married on the day of her arrival and applied for AOS and AP that same day (difficult to do as you need to have proof of the marriage registration with the State to apply), you would still be about 60 days short of the time needed to process the AP.

If she leaves the US without the AP she would not be allowed back in and you would have to start the immigration process all over again from the beginning, this time with a CR1 application. She can't receive an AP until she has filed for AOS (Ajustment of Status).

I think you will need to send your regrets to your friend but you and your 'wife' will not be able to attend due to her immigration situation.

Even if she get's the AP, what's the chances of her getting in to Canada? I think slim until she gets her green card.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

Link to comment
Share on other sites

Concur with Daboyz - she will need a Canadian visa to visit (the AP will not allow her to go into Canada).

AP is only used to allow her to come back into the US and not have issues with the AOS process.

List of countries needing a visa for Canada:

Visa

If she has her GC - she will not need a visa.

Many people do not require a visa to visit Canada. These include:

•persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence;

Since she will be in the process of the AOS, i do not think she can show the above...

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

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline

Wow, everybody kind of spelled it out real clear for me. I can't see how leaving the US after being here a month could ever work for her. And the last thing I want to do is risk the last 8 months of paperwork and drama over a (admittedly sure-to-be-freaking-awesome) wedding.

Thank you everyone.

I-129F Sent : 2009-01-21

Check Cashed: 2009-01-27

I-129F NOA1 : 2009-01-30

I-129F NOA2 : 2009-04-30

NVC Received :2009-05-02

NVC Left :2009-05-07

Consulate Received :2009-05-20

Packet 3 Received :2009-07-10

Packet 3 Sent :2009-07-10

Packet 4 Received :2009-07-14

Interview Date : 2009-07-28

Visa Received : 2009-07-30

POE (JFK) : 2009-08-10

Married!!: 2009-10-16

AOS sent: 2010-02-17

Electronic notification of receipt: 2010-02-26

I-486, 765 & 131 NOAs: 2010-03-01

Biometric appointment NOA: 2010-03-08

Transfer to CA service center NOA: 2010-03-18

Biometrics appointment: 2010-03-23

Permanent Residence NOA: 2010-05-03

Perm Res card issued: 2010-05-03

Advance Parole issued: 2010-05-03

EAD card issued: 2010-05-03

Link to comment
Share on other sites

Have you considered having her delay her K1 entry, until after your friend's wedding? Not sure how set in stone your wedding plans are. Then she could go to Canada for the wedding (as your fiancee) and then come home with you to the US after.

Of course, that depends on if she can get a visa into Canada too, but I would think that a fiance visa to the US would be pretty compelling evidence that she has ties outside of Canada. :)

Maybe it's not a workable solution for you, I know a lot of people aren't willing to put off being together a whole month.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...