after visa approval

[Twinkles 10]

My question is, after K1 approval, if i wanted to travel to the USA for a trip and then return to England and then emigrate and get married in the USA a few months after that.. will i be allowed to do so?

My understanding is the visa is good for 6 months? and then once i land 90 days to get married. I want to know if i can go to the usa and return home without any of those clocks ticking? ugh hope that made sense!

[Justine+David 218]

No, it's a 1 way visa. This is VERY important for you to realize...once you get into the U.S., you can leave without applying for adjustment of status to get advance parole which allows you to travel freely without your green card which can take 60 days or so to get currently. If you leave without it, you'll have to start the process all over again.

When you leave the UK, make sure that you are very sure about leaving for the last time...at least for a few months.

[Twinkles 10]

Ok, isn't the green card a temperary residency status which is good for one year. Then you are interviewed again to satisfy the US that the marriage is legitimate and then they issue a permanent residency status. If one travels during the temporary status period which is just after getting married and getting the temp resident status, what are the expecations for being present to satisfy marriage legitimacy. ie, if you are gone too much, it might make them suspicious that its just a sham marriage etc. Is there a duration of travel away that is considered "reasonable" or allowable that won't but the marriage under suspicion for permanant residency status adjustment later.

[Rito 28]

Ok, isn't the green card a temperary residency status which is good for one year. Then you are interviewed again to satisfy the US that the marriage is legitimate and then they issue a permanent residency status. If one travels during the temporary status period which is just after getting married and getting the temp resident status, what are the expecations for being present to satisfy marriage legitimacy. ie, if you are gone too much, it might make them suspicious that its just a sham marriage etc. Is there a duration of travel away that is considered "reasonable" or allowable that won't but the marriage under suspicion for permanant residency status adjustment later.

Please check the guides - I think you have some misconceptions about the K1 process.

You ABSOLUTELY CANNOT LEAVE THE US after you enter on a K1 visa but before you apply for and receive Advance Parole (usually done while applying for Adjustment of Statues), as was mentioned above. If you do, even for one day, then your application is considered abandoned.

Proving your marriage is legitimate is something you will do as you're applying for the Adjustment of Status - for instance by submitting a certified copy of your marriage certificate with your application and by successfully interviewing in the US.

Again, at no point is the amount of travel you do relevant. The key thing is to NOT travel until you have your Advance Parole document, or your Green Card.

Edited April 4, 2010 by Rito

[VanessaTony 3,567]

My question is, after K1 approval, if i wanted to travel to the USA for a trip and then return to England and then emigrate and get married in the USA a few months after that.. will i be allowed to do so?

My understanding is the visa is good for 6 months? and then once i land 90 days to get married. I want to know if i can go to the usa and return home without any of those clocks ticking? ugh hope that made sense!

Everyone seems to misunderstand your question so I will rephrase as I see it:

You want to enter the US after K1 approval but NOT USING the K1 visa.

You then want to go home to the UK for a while then RE-ENTER the US USING the K1 visa.

Even though people thought you meant enter using the K1 and then leave before AOS, the answers still basically apply. Once you enter the US you "activate" your K1 visa. Whether you show it or not you have triggered your entry in the system. It is FAR too risky to do it this way.

As stated by someone else above, your better option is to travel over on the K1, marry ASAP, file for AOs and apply for the AP, and then return to the UK after receiving your AP. Bearing in mind that you MIGHT need a GC interview which means you need to fly back to the US to have that interview. You would be better waiting until you have the GC first because they seem to be approving those pretty fast at the moment, that way you know you can stay out for up to 6 months.

[Rito 28]

Ok, isn't the green card a temperary residency status which is good for one year.

The green card is good for two years. You apply to remove conditions 90 days before it expires.