After K-1, leaving the US

[staffordwhit 0]

Hello everyone!

I am posting on behalf of my fiance. We have the K-1 visa (yeah!) and will be getting married very soon. At my fiancé's interview at the embassy he was told that he could not leave the U.S. for 3 years after getting married here. He is stressed. I have been reading here about Advance Parole, but if he gets his green card within 6 months or so of getting married, can't he travel on that and still come back to the U.S.? I'm talking about a short trip of 2-3 weeks.

Any information would be greatly appreciated.

Whitney

[Inky 1,111]

He can travel on the AP or on the greencard with his passport and any other documents he needs.

[Ken y Leidys 20]

Be sure to inquire why after you adjust your Fiance's status and have the interview for adjustment of status.

[VanessaTony 3,567]

Hello everyone!

I am posting on behalf of my fiance. We have the K-1 visa (yeah!) and will be getting married very soon. At my fiancé's interview at the embassy he was told that he could not leave the U.S. for 3 years after getting married here. He is stressed. I have been reading here about Advance Parole, but if he gets his green card within 6 months or so of getting married, can't he travel on that and still come back to the U.S.? I'm talking about a short trip of 2-3 weeks.

Any information would be greatly appreciated.

Whitney

When he arrives in the US on the K1 he cannot leave until he has received the AP document (which he applies for at the same time as AOS) or the GC. Once he has either the AP or the GC he is able to leave and come back with no consequences.

Bearing in mind the following:

1. The AP document is issued before the GC is received, you could still get an interview and he would need to return for the interview. If it's possible to wait he should

2. Once he has the GC he is able to leave for up to 12 months at a time BUT:

a. after 6 months CBP (at the border) can determine whether they think he's abandoned his GC. For that reason he should try and limit his visits to less than 6 months

b. he can also leave for up to 2 year AS LONG AS he applies for a re-entry permit before leaving the US

c. visits outside the US of more than 6 months, but less than 12, pause the naturalisation clock (meaning it will be longer till he is eligible to naturalise

d. visits outside the US of more than 12 months RESET the naturalisation clock, taking it right back to 0.

3. Once he has his conditional GC, he has 2 years (minus 90 days) to apply for ROC and if he is out of the country at that time it makes it harder (still possible but harder). It MUST be done in the 90 days otherwise his GC is revoked.

So tell him to stress less. The person has NO IDEA what they're talking about.

Edited November 25, 2010 by Vanessa&Tony

[kennym 275]

Hello everyone!

I am posting on behalf of my fiance. We have the K-1 visa (yeah!) and will be getting married very soon. At my fiancé's interview at the embassy he was told that he could not leave the U.S. for 3 years after getting married here. He is stressed. I have been reading here about Advance Parole, but if he gets his green card within 6 months or so of getting married, can't he travel on that and still come back to the U.S.? I'm talking about a short trip of 2-3 weeks.

Any information would be greatly appreciated.

Whitney

I beleive that is wrong information.. Once you get your Green card, you can leave the US for short Trips with no problems...

It takes about 4-6 Months after marriage...

Kenny

[bruno. 4]

One of the CO told me the same thing (except she said 2 years not 3). IMO, what they try to say is : we remind you that this visa is made for you to go in the USA and live THERE with your spouse. I think what they really meant is that you can't re-establish residency in your country of origin and keep the benefits of a green card as it's been well explained by Vanessa&Tony.

Be reassured, it is possible to travel back to France in the limits explained by Vanessa&Tony. Other Frenco-American couples have done it.

[pushbrk 13,118]

Hello everyone!

I am posting on behalf of my fiance. We have the K-1 visa (yeah!) and will be getting married very soon. At my fiancé's interview at the embassy he was told that he could not leave the U.S. for 3 years after getting married here. He is stressed. I have been reading here about Advance Parole, but if he gets his green card within 6 months or so of getting married, can't he travel on that and still come back to the U.S.? I'm talking about a short trip of 2-3 weeks.

Any information would be greatly appreciated.

Whitney

He must have misunderstood something. He needs either Advance Parole or a Green card to get back into the US if he leaves. Absolutely nothing prevents him from leaving.

Get married and file AOS, EAD and AP together. Three months later he'll have AP. He should no leave the US without either AP or the Green Card.

[HeatDeath 430]

They may have meant he can't leave the US permanently [i.e. move permanently back to France, while keeping the GC] for 3 years. Which is basically correct.

3 years after getting his GC (and one year after removing conditions from it) he will become eligible to apply for US citizenship. Once he has US citizenship, he can live in France, or the US, or wherever. But until then he will have to maintain his primary residence in the US, and not leave the US for more than 6 months at a time. [Leaving for more than 6 months will reset that 3 year clock for citizenship eligibility.]

It's entirely possible the confusion extends from your standard European's basic disbelief that anyone would actually want to live in the US, when Europe (and France particularly, at least when you ask the French) is already paradise on earth. Most Canadians have a not-so-subtle anti-American bias, and think the same thing. I got a lot of that before I moved down here.

Edited November 25, 2010 by HeatDeath

[VanessaTony 3,567]

3 years after getting his GC (and one year after removing conditions from it) he will become eligible to apply for US citizenship. Once he has US citizenship, he can live in France, or the US, or wherever. But until then he will have to maintain his primary residence in the US, and not leave the US for more than 6 months at a time. [Leaving for more than 6 months will reset that 3 year clock for citizenship eligibility.]

Just a correction here. He is able to leave for up to 12 months, but any period after 6 months may be used against him.

The naturalisation clock is PAUSED at 6 months and RESET at after 12 months.

[payxibka 10,047]

moving this thread as it is not a K-1 process topic

[TBoneTX 46,129]

Be cautious before using the Advance Parole (AP). If the beneficiary has had (for example) a previous overstay in the U.S., CBP can cause him/her grief upon attempted re-entry to the U.S. When trying to re-enter the U.S. with use of the AP, the beneficiary can be asked absolutely any question that the Consulate asked during the visa interview -- and CBP can deny re-entry on the basis of any inconsistency or misrepresentation. With the green card, conversely, re-entry is comparatively quite easy.

Remember to bring the marriage certificate along when presenting the AP forms for re-entry into the U.S.