Traveling after marriage with K1 visa

[Cupcake _boo 0]

Hi, it's me again Wow today I have a lot of questions

This time I'll ask u how i can travel back home after I marry US citizen...

As i said we get married yesterday Finally ))

And we still waiting on the marriage certificate (they will 2 send it to us by mail). My I-94 expires at March 6th...well I'll apply for AOS after we receive the Marriage certificate this will be after probably a mount and my I-94 will b expired.

Ok is there a way for me to apply for something like a temporally visa so i can go back home and visit my grandma'? And have i wait for the marriage certificate to apply for this ? How long it can take?

Thank u !

[Anh map 2,098]

When you file the AOS paperwork you will file for Advance Parole which would allow you to re-enter the US.

[Darnell 8,479]

You can leave, but without AP or GC in hand, you can't come back.

Since you not set your 'country' - its hard to figure out if you even have 'tourist visa' capabilites, or not.

Most people, including myself, will tell ya that to leave before filing for AOS is viewed as 'abandonment' by USCIS.

Still , it's up to you, for what choice you will make, yes?

(moved to Working & Traveling prior to getting a Green Card)

Edited February 5, 2010 by Darnell

[Cupcake _boo 0]

Well so i gatta apply 4 AOS first. I read somewhere just right now that it take 90 days... can u receive it sooner than 90 days?

[gennyangel 3]

you have to apply for your AOS and wait till you get approve or have your Advance Parole so you can go visit your grandma. Yes for your Advance Parole you can get it sooner than 90 days. If your lucky enough you can be approved with your AOS in 2 months. But if not you have to wait 3 to 4 months...

[Cupcake _boo 0]

Well i just gatta pray that i'll get it soon Is there any way to receive it faster ? Because my grandma' is kinda sick:(

[Kathryn41 3,205]

You need to apply for the AOS and the AP (I-131) but if you do have an emergency develop after you have filed and before you have received approval, you can make an appointment at your local USCIS office and provide them with proof of the emergency (a letter from a doctor regarding your grandmother's medical situation, etc.) and receive an AP more quickly. You will have to pay the fee separately and you will have to have proof that it is an emergency and there is no guarantee they will grant it . The AP usually takes about 90 days to come in after you have submitted the AOS/AP applications but the AP sometimes comes in faster than that.

If you leave the US before the AP is approved and in your hand, or you have your green card, you will not be allowed back into the US and your husband would have to start the whole immigration process all over again from the beginning, but this time for a CR-1 spousal visa.

Hopefully you get your approval quickly, and in the meantime, regular phone calls are going to be the best way to keep in touch.