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Jasmine&Eric

Returning to Home Country for short period

By Jasmine&Eric in Working & Traveling During US Immigration

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Jasmine&Eric Apprentice

Jasmine&Eric   0

Posted
Filed: K-1 Visa Country: France
 Timeline
Posted

Hello! Our K1 visa was approved in September, and my fiancé will be here on the 20th of December (next Monday). We are going be having our civil ceremony on the 30th of December, and most likely will be applying for the AOS right after. He will have to go back to France on the 24th of January to finalize the closing of his work contract, but will be back to the U.S. within 2 weeks. So my question, is he able to travel to France and come back into the United States like this? We will have been married, but just filing the Adjustment of Status. Does he need to file that I-131 for such a short period?

Thanks for any information and help.

05/05/2010 - Mailed I-129F

05/06/2010 - Check cashed

05/11/2010 - NOA 1 Hard Copy

07/12/2010 - NOA 2 Hard Copy

07/20/2010 - NVC letter received

07/30/2010 - Packet 3 received from embassy in France

08/16/2010 - Packet 3 returned to embassy

08/27/2010 - Interview date received!!!!!!

09/20/2010 - Medical Exam

09/22/2010 - Interview!!!!!

09/28/2010 - Approved! VISA IN HAND!!!!!!!

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

Sorry, he cannot leave the country. Length of trip is not a determining factor here. If he leaves before you are married, then he can't use the K-1 to enter again; it is a one-time use. If you marry and file AOS, then you need to wait for the I-131 Advance Parole to be approved, which takes 2-3 months. If he leaves the country before he has this document in hand, then he will abandon/void his AOS application, and you will be out $1070, and you will start all over again for a spousal visa. You can apply to expedite his AP but it is usually only granted for family emergencies. It is *very* important not to leave until AP is in hand. You're scaring me!

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

You still should have time to use your visa , you could delay his entry until after he wraps up things there if he has to be back there. You probably can't get an approved AP in time for him to return and I know you don't want to start all over.

This will not be over quickly. You will not enjoy this.

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

The only way to pull this off is to postpone his arrival in the US until he is ready to immigrate. If your K-1 was approved in September, he has until March to activate it. Looks like you're getting married in March instead of December 30. Not a good date anyway.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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dolphin1 Collaborator

dolphin1   5

Posted
Filed: Citizen (apr) Country: Morocco
 Timeline
Posted

Yes that's right, the visa is for 6 months so it will be better for him to wait till he finishes his stuff and come here on February.

2007-11-8 : Married

AOS

2008-3-03 : AOS sent

2008-3-12 : Check cashed

2008-3-14 : Received Receipt Notices of AOS ,EAD and AP

2008-3-17 : Biometrics Appointment notice date

2008-4-03 : Biometrics Appointment ,,,DONE,,,

2008-5-09 : EAD card ordered and AP approval notice

2008-5-13 : AP approval notice sent

2008-5-16 : AP received

2008-5-19 : EAD Approval notice sent

2008-5-21 : EAD received

2008-6-27 : interview appointment letter (for August)

2008-8---- : interview was fine, but was given a RFE, reason: chicken pox shot( although i got the shot when i was little)

2008-10-- : green card

ROC

2010-7-13 : I-751 sent

2010-7-16 : I-751 received

2010-7-20 : I-751 sent back to me. Cause: signatures and filing early.

2010-7-26 : I-751 re-sent

2010-8-09 : First NOA received ( dated 8/2 )

2010-8-12 : Biometrics appointment letter received ( dated 8/6 )

2010-8-19 : Early biometrics

2010-9-08 : Card production ordered

2010-9-15 : Green Card received, with incorrect first name (one letter missing)

I-90

2010-9-16 : Sent I-90 with Green Card

2010-9-17 : I-90 delivered

2010-9-24 : Receipt received. Notice date: 9-22

2011-2-08 : Card production ordered

2011-2-10 : Card received with NO errors.

N400 :

11-22-2011 :Sent

02-21-2012 :Interview ( a long delay afterwards)

05-18-2012 :Oath - US citizen

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