Travel Policy

[Libertarian 0]

Hello Everyone,

What are the travel policy once my fiancee (from Russia) arrives to my country (USA)? When is she allowed to go back to her country to visit. Also, what are the travel policy if we wanted to go on a vacation to Europe. Does she need to get a via her country or USA?

[OutbackJack 0]

Depends on what Visa she enters the US on. If you've been approved your K1 Visa and she enters under it you'll need an Application to Travel, or Advanced Parole Document, Form I131.

Is she visiting as a fiancee or entering on a K1 visa to be married in 90 days?

[Libertarian 0]

Depends on what Visa she enters the US on. If you've been approved your K1 Visa and she enters under it you'll need an Application to Travel, or Advanced Parole Document, Form I131.

Is she visiting as a fiancee or entering on a K1 visa to be married in 90 days?

She is going to be here on K1 Visa

Thank you,

[Missa 0]

once your fiance moves, you two are married and he applies for adjustment of status (greencard)you can apply for Advance parole ( which is a temporary travel permit while your GC is being processed) simultaneously with your green card application. Once he receives his Green card then he would use that to come and go from the country ( for short amounts of time)

as for needing a visa to travel. once he is a permanent resident (green card holder) i'm quite sure that you only need to obtain a travel visa for countries which require a US citizen to obtain a visa ( i could be wrong about this because technically he would still use him home country passport)

if anyone can clarify this i would feel better.

[NigeriaorBust 4,087]

Until you become a USC you travel as though you are still a citizen of your birth country. So if they needed a visa before they need one after they arrive. I believe Canada makes an exception . there is a site VisaHQ that has a neat visa tool that shows if you are going to country X with passport Y what do you need in the way of visas and shots.

[OutbackJack 0]

once your fiance moves, you two are married and he applies for adjustment of status (greencard)you can apply for Advance parole ( which is a temporary travel permit while your GC is being processed) simultaneously with your green card application. Once he receives his Green card then he would use that to come and go from the country ( for short amounts of time)

as for needing a visa to travel. once he is a permanent resident (green card holder) i'm quite sure that you only need to obtain a travel visa for countries which require a US citizen to obtain a visa ( i could be wrong about this because technically he would still use him home country passport)

if anyone can clarify this i would feel better.

Correct. While waiting for permanent status my wife needed form I131 to travel to/or from the US. Now, under a green card it isn't needed. After getting married you should apply for Adjustment of Status, Form I485. While waiting for approval of adjustment of status, if she wants to leave the US (visit Russia) make sure your approved an Advanced Parole Document Form I131 before planning the trip.

[trailmix 77]

You need to check the requirements for each country you are going to visit, with regard to whether a visa is required to visit or not.

[Libertarian 0]

My concern is that she has a grandmother that is old and if she passes away she wants to be able to go back to her country immediately. Once she steps foot in the USA, she doesn't want that limitation of being stuck here if any necessary emergency were to happen where she needs to go back to her country.

[Missa 0]

Until you become a USC you travel as though you are still a citizen of your birth country. So if they needed a visa before they need one after they arrive. I believe Canada makes an exception . there is a site VisaHQ that has a neat visa tool that shows if you are going to country X with passport Y what do you need in the way of visas and shots.

oh good ...i wasn't too sure because, like you said for ALOT of countries canadians don't need visas

thanks for clarifying

[Missa 0]

My concern is that she has a grandmother that is old and if she passes away she wants to be able to go back to her country immediately. Once she steps foot in the USA, she doesn't want that limitation of being stuck here if any necessary emergency were to happen where she needs to go back to her country.

unfortunately i don't think there is a way until you adjust your status within the country. i've read many stories of people who've had family emergencies and left before they adjusted or before their green card was approved. K1 (I-94 once you enter) is a single entry so if you leave before adjusting its void, also if you leave before or while adjusting USCIS considers your status to be abandoned and you have to start from scratch

if there is another way anyone feel free to chime in

[marlea 84]

There is advanced parole, on which a K1 visa holder can travel while adjusting status, but that can take a while to get and the application for that is typically sent in with the AOS packet, so not until after you are married. I have heard that there is emergency advanced parole that you can get in a very short amount of time, but you have to prove there is a reason behind it.

[Libertarian 0]

Interesting... so basically, it's a 2-3 month wait until you are free to travel back.

[Dan J 277]

Interesting... so basically, it's a 2-3 month wait until you are free to travel back.

Assuming you get married right away, yes.

[Tahoma 2,292]

If her grandmother passes away, or if there is any other type of family emergency, she can quickly get an emergency advanced parole and go to Russia (and return here!). Just make an Infopass appointment with your local USCIS office and explain the situation to them. I'm not sure though whether any proof such as a death certificate would be needed.

For us K-1ers, I'm not sure if you have to be married already in order to get an emergency advance parole. USCIS will be able to answer that question.

[Libertarian 0]

Thank you everyone... that was very helpful