K1 and honeymoon

[MelissaJulian 30]

Hi there -- someone just told me that K1 visa holders can't have their honeymoon outside of the US. Is this true? Only my fiancé and I were planning to go to St. Barts for two weeks and if this is true I guess we will need to find another place to go to. I just wanted to make sure before I tell him and we start looking for somewhere else.

[Deputy Purple 1,294]

K-1 Visa is good for single entry to the US only. Until you've filed AOS (Adjustment of Status) and have AP (Advance Parole) in hand there is no way for her to re-enter the US. If she leaves the US before AOS then she will need a new CR-1 Visa to re-enter. If she leaves during AOS processing without AP then her AOS is considered adandoned.

[krautlaus 7]

Yes, that is true. Since the K-1 is only good for one single entry. After that, you should apply for advance parole (which might also take weeks or months) or just wait for your green card until you can leave the country.

Maybe you should think about going to Hawaii... or any other US Islands (Virgin etc.).

[JulianMelissa 52]

This can't possibly be correct. Are you saying the US Government expects me to just stay in-country until they finish all their greedcard filing? Here I thought your government was trying to get all the foreigners out, and now they're saying I can't leave? Absolutely barmy. Can somebody post a source for this? I can't imagine spending our honeymoon anywhere in the US.

[English Muffin 59]

Moving from UK forum to K1 Process & Procedures forum.

[krautlaus 7]

You don't have to use the K-1 if you don't like their regulations...

Besides, you can always honeymoon a couple of weeks later, just apply for AP and you can go wherever you like..

Offical source

Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States.

[Rebecca Jo 1,962]

This can't possibly be correct. Are you saying the US Government expects me to just stay in-country until they finish all their greedcard filing? Here I thought your government was trying to get all the foreigners out, and now they're saying I can't leave? Absolutely barmy. Can somebody post a source for this? I can't imagine spending our honeymoon anywhere in the US.

http://www.uscis.gov/files/pressrelease/TravelAdvisory100406.pdf

Hi there -- someone just told me that K1 visa holders can't have their honeymoon outside of the US. Is this true? Only my fiancé and I were planning to go to St. Barts for two weeks and if this is true I guess we will need to find another place to go to. I just wanted to make sure before I tell him and we start looking for somewhere else.

Is my recollection incorrect or did you not, Melissa, ask a question a few weeks ago about Julian traveling back home for business?

[Gemmie 142]

Are you saying the US Government expects me to just stay in-country until they finish all their greedcard filing?

Yes, because if you were to leave whilst having a Resident Card in progress, how would you get back in? That's why they let you have the Advanced Parole (which you get within 4-8 weeks of applying for your GC), so that you can use it to travel abroad whilst they're making a decision.

It's on Wikipedia:

Once the adjustment of status application is accepted, the alien is allowed to stay in the United States even if the original period of authorized stay on the Form I-94 is expired, but he is not allowed to leave the country until the application is approved or rejected. If the alien has to leave the United States during this time, he/she can apply for travel documents at the USCIS with form I-131, also called Advance Parole.

And on the USCIS site (under Processes/Procedures for a GC and then under Travel):

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending. If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

[Rebecca Jo 1,962]

Julian -

Have YOU read the Guides here on VJ regarding this process?

Because it's a good idea for BOTH people to have at least a nuts-and-bolts understanding of the process.

[Rebecca Jo 1,962]

Is my recollection incorrect or did you not, Melissa, ask a question a few weeks ago about Julian traveling back home for business?

Quoting myself here because I thought I had gone mad. The topic was addressed in this thread.

http://www.visajourney.com/forums/topic/256485-working-before-the-ead-for-a-non-us-company/page__p__3938391entry3938391

[Anh map 2,098]

This can't possibly be correct. Are you saying the US Government expects me to just stay in-country until they finish all their greedcard filing? Here I thought your government was trying to get all the foreigners out, and now they're saying I can't leave? Absolutely barmy. Can somebody post a source for this? I can't imagine spending our honeymoon anywhere in the US.

Leaving the US is not the issue. Re-entering the US is what needs to be addressed. K1 is single use. Advance Parole is what's needed to re-enter the US while the Adjustment of Status is processing. The guides here on VJ can be quite helpful.

[MelissaJulian 30]

Sorry, keep trying to reply but I am posting and reading from my Blackberry in a meeting and the reception is bad and everything is loading slowly.

Sorry Johnny, I completely forgot about that question! I think I was also confused about the difference between AP and emergency AP. Can I get emergency AP for a honeymoon? That's probably a stupid question. I know my fiancé has a very strong opinion about having to honeymoon in Hawaii so it is probably not going to be there.

Julian honey, I'm sure we'll figure something out!

Sorry again.

[dakay ♥ 10]

Hi there -- someone just told me that K1 visa holders can't have their honeymoon outside of the US. Is this true? Only my fiancé and I were planning to go to St. Barts for two weeks and if this is true I guess we will need to find another place to go to. I just wanted to make sure before I tell him and we start looking for somewhere else.

absolutely true! you can have a quick honeymoon and then plan one outside of the US

[Fandango 1,439]

I'm quite surprised with all your disposable income, that you two have not at least consulted an attorney. Not trying to be snarky here.

Then, I'm surprised that one or both of you are not taking this seriously enough to actually research yourselves, if you insist on going it alone. The UK forum is not going to spoon feed either of you this visa, someone needs to take some responsibility here.

Edit to fix a typo.

Edited June 10, 2010 by Happy Bunny

[Fandango 1,439]

First post in this thread will be helpful. A little self promotion since I wrote the first half of it myself, lol.

http://www.visajourney.com/forums/topic/300-general-k1-guides-and-info/