Crossing the border more than once under K-1

[Mike and Natalia 0]

My fiancee is here on a B-1 visa, and we just got the notice of approval for the K-1 today. I'm really confused as to the timeline and whether or not she can cross the border. Last time she was in Mexico, she had trouble crossing the first time because her K-1 application was in the system. The second time she tried, it went without a hitch. We are avoiding any border crossing at the moment, since we don't want her stuck in Mexico.

I'm really not sure how the timing is going to work out on this. Ideally, we'd cross to do her interview, get the K-1 visa, cross back over, get legally married, start the AOS and get Advance Parole so she can go to our wedding. I'm just worried that the paperwork won't be done in time, or she won't get the Advance Parole approved and she'll be stuck in Mexico. To make things more complicated, the church (non-legal) wedding in Mexico requires that we get legally married first.

Here is my guess on the timeline based on similar timelines:

5/6/2011 - NOA1

7/18/2011 - NOA2

8/1/2011?? - NVC arrival

8/4/2011?? - NVC approved

8/10/2011?? - Consulate arrival

9/28/2011?? - Interview

11/12/2011 - Wedding

Does this leave us enough time to get married, apply for the AOS and get Advance Parole before the wedding? At what date should we just figure we are cutting it too close and have her stay in Mexico after the interview? Do people get denied Advance Parole? Can she still cross under a B-1 visa before we get married? Can she get permission to cross with the K-1 before she gets married? If the timeline is going to be close can we get married legally in the US, have the church wedding in Mexico, cross back under the K-1, then apply for AOS?

I'm just pretty confused by the whole thing. Any suggestions?

[Anh map 2,098]

K1 is single entry. I believe that all other visas are cancelled when the K visa is issued. Once she enters with the K1, she is here until you are legally married, apply for advance parole and it is granted. Now you can go to the local USCIS office to request Advance Parole once you are married and file the Adjustment of Status paperwork.

Your proposed timeline looks very optimistic.

[Mike and Natalia 0]

Your proposed timeline looks very optimistic.

I took the average numbers from the visa timelines. Do you know how long it takes from the date we file for AOS to get Advance Parole approved?

The backup plan was for her to stay in Mexico from the interview to the wedding, but then I'm not sure how we'll work out the civil marriage.

[TBoneTX 45,324]

If you file the AP (and EAD) along with the AOS, it typically takes approximately 3 months for approval (of the AP & EAD). Of course, anything can happen, so schedule absolutely nothing that can't be rescheduled or changed without financial penalty.

[Anh map 2,098]

I took the average numbers from the visa timelines. Do you know how long it takes from the date we file for AOS to get Advance Parole approved?

The backup plan was for her to stay in Mexico from the interview to the wedding, but then I'm not sure how we'll work out the civil marriage.

If you are back dating based on the 11/12 date you are playing a dangerous game. Make sure you can move that date if needed.

Without the legal marriage in the US you cannot file for Adjustment of Status. Normal processing is a few months.

You need to marry and then obtain a certified copy of your marriage certificate from the city or county where the marriage occurs. Then you file the AOS (including AP and EAD).

I would suggest that you file for AOS as soon as possible after marriage. Once you receive the NOA1 you can go to the local USCIS office and request expedited parole.

Good luck to you both.

[nikolacolada 21]

You cannot cross more than once with a K1, after she crosses into the US, she must stay in the US until AP is granted, or until she receives her green card. If she does leave the US before receiving one of those two things, you need to start the visa process all over again because the K1 is void after it's one time use to get into the US.

I would be very careful about having her stay in Mexico, have your wedding and then cross into the US, because if they have any inkling that you are already married when you cross the border, they won't let her in. The K1 is for a fiance, if you had already married her in Mexico, even after they issued the K1, it's still breaking the rules of the K1 if you try to cross into the US after your wedding.

Is it possible to move your wedding date back? Sometimes people are more understanding and willing to work with schedule changes or conflicts when they know that you are dealing with immigration timelines/issues so they might be willing to help you out and move dates back for you.

That would be my suggestion.

As far as crossing with the B1 after she is issued the K1 the B1 will be cancelled.

[Caroline + Angelo 20]

Also consider in your timeline that NVC seems to be quite backlogged right now and it can take up to 30 days or more for them to have your petition in their system. And then they still have to send it out to the Consulate...