Foreign travel right after marriage?

[douglas1 0]

The good news is my fiancee just got a good job that she believes will fit & help her future career in the states, she really is happy/proud of this this job.....BUT she really wants to finish the project she is assigned. I was thinking/hoping/praying she will have her VISA in May but this assignment goes to August.

*It will be torture knowing she can just jump on a plane and finally be with me but has 2or3 more months left to complete the job assignment*

So my idea and question is, if we do get the Visa before the job assignment ends...what if she came here, married me, and then headed right back to Mexico to finish her job assignment? Would there be any possible problems for her to get back into the US 2 months later? Any other reasons this would be a bad idea?

thanks!

[Matt & Bing 56]

The good news is my fiancee just got a good job that she believes will fit & help her future career in the states, she really is happy/proud of this this job.....BUT she really wants to finish the project she is assigned. I was thinking/hoping/praying she will have her VISA in May but this assignment goes to August.

*It will be torture knowing she can just jump on a plane and finally be with me but has 2or3 more months left to complete the job assignment*

So my idea and question is, if we do get the Visa before the job assignment ends...what if she came here, married me, and then headed right back to Mexico to finish her job assignment? Would there be any possible problems for her to get back into the US 2 months later? Any other reasons this would be a bad idea?

thanks!

She can leave the US after arrriving on a fiancee visa ... But she won't be able to get back into the US without first obtaining her Advance Parole or green card. AP took us about 2 months after filing to obtain. So no, not a good idea.

[pasaway na angel 2]

K-1 visa allows entry to the US once. Whether you marry or not, it is gonna expire after 90 days of entry. If you get married, she would have to apply for Adjustment of Status to have her green card. She cannot leave US until the process is done or until an Advance Parole is granted to her. AP usually processing usually takes about 1 to 2 months from application unless there is an emergency case where you can have it within a few days. I am not so sue if a job abroad is one of those cases wherein they consider approving AP within a few days. You might want to check on this because otherwise, she would need to apply for another visa to gain lawful entry again after she leaves the US without gc or AP.

Edited December 20, 2009 by pasaway na angel

[Old Dominion 26]

The good news is that assuming she gets the visa in May, she has the next six months to use it before it expires.

[Kathryn41 3,205]

A job abroad does not count as an emergency, especially if the applicant has the option not to use the K-1 visa until after the job responsibilities are complete, so she would not be able to receive an emergency Advance Parole.

Basically, if it is important for her to finish the job in Mexico, she has 6 months after the visa is issued to use the visa and it would be better to finish the job and enter in a few months time, even though, yes it sucks that you have to delay the wedding and being together until then. If she enters right away, gets married and returns to Mexico without either her green card or an Advance Parole, she will not be allowed back into the US. You would have to start the immigration process all over again from the beginning, this time applying to sponsor a spouse instead of a fiancee. She cannot get a green card until she is married and has submitted the I-485 application form which can take from several months to 2 years or more to process. She cannot get an Advance Parole document until she has submitted the I-485, however it can probably be issued from between 1 to 3 months time.

[douglas1 0]

oh well

[baron555 934]

The good news is my fiancee just got a good job that she believes will fit & help her future career in the states, she really is happy/proud of this this job.....BUT she really wants to finish the project she is assigned. I was thinking/hoping/praying she will have her VISA in May but this assignment goes to August.

*It will be torture knowing she can just jump on a plane and finally be with me but has 2or3 more months left to complete the job assignment*

So my idea and question is, if we do get the Visa before the job assignment ends...what if she came here, married me, and then headed right back to Mexico to finish her job assignment? Would there be any possible problems for her to get back into the US 2 months later? Any other reasons this would be a bad idea?

thanks!

Yes big big problem. Unless she has the AP in hand before she leaves, she will be considered to have abandoned the AOS petition and you two will have to go through the entire K-3 or CR-1 process. Be very careful.

[douglas1 0]

Yes big big problem. Unless she has the AP in hand before she leaves, she will be considered to have abandoned the AOS petition and you two will have to go through the entire K-3 or CR-1 process. Be very careful.

ok, thanks!

And don't worry I now see it was a bad idea!

[Nik+Heather 121]

I can empathize with you. Nik had his visa in June but didn't arrive until October.

Having gone through that same situation, where he could get on the plane at any time, but didn't - also for work reasons, I can tell you that the wait isn't quite as bad as the wait for the petition approval or other visa processes. It's slightly more annoying because you know that it's completely self-imposed, but the time really does go by faster when you have a definite date to look forward to, and no dependency on nebulous government (in)action.

I know you are eager to be together as soon as possible, but don't let that blind you to the financial and career benefits that this project can lead to.

[Gary and Alla 3,694]

The good news is my fiancee just got a good job that she believes will fit & help her future career in the states, she really is happy/proud of this this job.....BUT she really wants to finish the project she is assigned. I was thinking/hoping/praying she will have her VISA in May but this assignment goes to August.

*It will be torture knowing she can just jump on a plane and finally be with me but has 2or3 more months left to complete the job assignment*

So my idea and question is, if we do get the Visa before the job assignment ends...what if she came here, married me, and then headed right back to Mexico to finish her job assignment? Would there be any possible problems for her to get back into the US 2 months later? Any other reasons this would be a bad idea?

thanks!

Yeah, that's fine. She will be your wife and stuck in a foreign country. Then you can apply for a CR-1 visa and start the wait all over. You CHOSE the K-1 because it is faster, but the price to pay for that is she cannot leave the US without her AP or green card and that takes 60 days+ AFTER you are married and file for AOS.

She can delay her entry on the K-1 for up to 6 months OR you can drop the K-1, go to Mexico, get married now and file for a CR-1 and then she can travel all she wants once she gets that visa.

[douglas1 0]

Having gone through that same situation, where he could get on the plane at any time, but didn't - also for work reasons, I can tell you that the wait isn't quite as bad as the wait for the petition approval or other visa processes. It's slightly more annoying because you know that it's completely self-imposed, but the time really does go by faster when you have a definite date to look forward to, and no dependency on nebulous government (in)action.

very good point!!