arrived US on K1 visa recently married and wants to go home

[sassyclassy 0]

i arrived here in US last July on a K1 visa. Got married. Now i dont know whats the next move. Also, i want to go home this december and spend christmas at home (phils), what should i do? what are my options and what should i do best. helllpppp!!!! plssssssssssssss

[Inky 1,110]

You need to file AOS and AP.

You cannot leave the USA without the AP or green card.

IF you leave without one of thos you will not be allowed to return. You will have to have your husband file a spousal visa petition and wait all over again for a year.

Please go to the guides section and open the guide for AOS adjustment of status from K-1 visa. Fill it out, send the forms and the fee and wait for your biometrics. You probably cannot go home in december if you do not file AOS right now. Its likely you wont get your AP card until January so hurry up.

[ronluvme 10]

sassyclassy,

if you decided to go home and without applying for aos and 2 year green card in your hand .u cannot go back here in us for sure,yes you can go home anytime you but u cant go back here in us.considering that AOS and have green card is the only way to re-entry here..so why not prepare for AOS before thinking about going back home,if you file AOS THEN YOU CAN FILE AP as well and wait for approval but i heard some cases that they only approve AP when there is emergency to youre home country.. DUE TO emergency matter.DID YOU file AOS YET?if not think about it,try to research about people experiences here,...seems like you are in hurry to go back home i uderstand about the christmas matter i feel the same way but ofcourse i cant do that for now as you can see my timeline i havent file aos yet and praying for it very soon(fincial thight now)economy is really bad,hope you find the answer of yur question

ronluvme.god bless you

Edited October 17, 2011 by ronluvme

[sassyclassy 0]

many thanks for your advice, greatly appreciates it!

actually i've been here in US since mid july. thought would just be married and thats it, end of the process! didnt did my research well, i stopped when i got my visa. too bad! looks like i've missed some opportunities like getting an SSN or something.

my I-94 had expired today. have not started on any other paper works yet. maybe its about to time for me to start applying for AOS...

p.s.

if im able to submit all the necessary documents for AOS, how soon you think i can travel back and forth US?

[Inky 1,110]

many thanks for your advice, greatly appreciates it!

actually i've been here in US since mid july. thought would just be married and thats it, end of the process! didnt did my research well, i stopped when i got my visa. too bad! looks like i've missed some opportunities like getting an SSN or something.

my I-94 had expired today. have not started on any other paper works yet. maybe its about to time for me to start applying for AOS...

p.s.

if im able to submit all the necessary documents for AOS, how soon you think i can travel back and forth US?

You have to apply for AP with AOS - AP takes 3-4 months to be granted. YOu better hurry up like i say if you want to travel in December hurry..... you might not get to travel for quite some months.

[Leatherneck 693]

many thanks for your advice, greatly appreciates it!

actually i've been here in US since mid july. thought would just be married and thats it, end of the process! didnt did my research well, i stopped when i got my visa. too bad! looks like i've missed some opportunities like getting an SSN or something.

my I-94 had expired today. have not started on any other paper works yet. maybe its about to time for me to start applying for AOS...

p.s.

if im able to submit all the necessary documents for AOS, how soon you think i can travel back and forth US?

There is no hurry-up with the bureaucratic process. It is naturally slow. File AOS asap, you might make it there for Sinulog 2012.

[VanessaTony 3,567]

sassyclassy,

if you decided to go home and without applying for aos and 2 year green card in your hand .u cannot go back here in us for sure,yes you can go home anytime you but u cant go back here in us.considering that AOS and have green card is the only way to re-entry here..so why not prepare for AOS before thinking about going back home,if you file AOS THEN YOU CAN FILE AP as well and wait for approval but i heard some cases that they only approve AP when there is emergency to youre home country.. DUE TO emergency matter.DID YOU file AOS YET?if not think about it,try to research about people experiences here,...seems like you are in hurry to go back home i uderstand about the christmas matter i feel the same way but ofcourse i cant do that for now as you can see my timeline i havent file aos yet and praying for it very soon(fincial thight now)economy is really bad,hope you find the answer of yur question

ronluvme.god bless you

They routinely approve AP, not just for emergencies... just FYI. You apply for AP and include the documents they ask for, it'll be approved.

[Zharren Young 32]

many thanks for your advice, greatly appreciates it!

actually i've been here in US since mid july. thought would just be married and thats it, end of the process! didnt did my research well, i stopped when i got my visa. too bad! looks like i've missed some opportunities like getting an SSN or something.

my I-94 had expired today. have not started on any other paper works yet. maybe its about to time for me to start applying for AOS...

p.s.

if im able to submit all the necessary documents for AOS, how soon you think i can travel back and forth US?

work on your AOS packet now together with your EAD & AP. once all ready and mailed it normally gets approve in about 45-60days if all is ok. so there is still a chance that you may have your AP by december and be able to spend xmas in PI.

[Enigma11561 336]

Dumb question but where is you husband in all this? Didn't he know that he had to file the AOS? The petitioner should be doing this work not the beneficiary. Just my humble opinion.

As the others have stated, file for your AOS now and also for the AP and EAD. They are included in the price if you do it all at the same time. My wife's AP came through in 2 months. No problem. Keep in mind about how long you will be out of country. You need to be back for your biometrics appointment.

[Chris921 13]

Dumb question but where is you husband in all this? Didn't he know that he had to file the AOS? The petitioner should be doing this work not the beneficiary. Just my humble opinion.

As the others have stated, file for your AOS now and also for the AP and EAD. They are included in the price if you do it all at the same time. My wife's AP came through in 2 months. No problem. Keep in mind about how long you will be out of country. You need to be back for your biometrics appointment.

IF their ap was completed their biometrics would have been completed, so i assume you mean AOS interview but yes i would file aos now, and hope you get your AP in time for Christmas good luck!

[bt1 42]

many thanks for your advice, greatly appreciates it!

actually i've been here in US since mid july. thought would just be married and thats it, end of the process! didnt did my research well, i stopped when i got my visa. too bad! looks like i've missed some opportunities like getting an SSN or something.

my I-94 had expired today. have not started on any other paper works yet. maybe its about to time for me to start applying for AOS...

p.s.

if im able to submit all the necessary documents for AOS, how soon you think i can travel back and forth US?

It takes about 2 months to get the AP allowing you to leave the country and re-enter. So, you may be pushing your luck for a Christmas visit.

[Deputy Purple 1,294]

It takes about 2 months to get the AP allowing you to leave the country and re-enter. So, you may be pushing your luck for a Christmas visit.

The OP should not apply for or attempt to use AP. She is in overstay as her I-94 expired yesterday!

If the files AOS even with AP and leaves the country then her AOS application will be considered abandoned.

AP (Advance Parole) is worthless once you're out of status (your I-94 has expired).

[Aztec&Taino 144]

You and your husband need to file for the Adjustment Of Status. It is likely that you will not receive your Advance Parole in time in order to go home to spend the holidays. However, you can file these papers as soon as possible and hope for the best, but be prepared for the worst... If you decide to leave the US before getting your Advance Parole or Permanent Resident Card, then you would not have a way to re-enter and your application of AOS would be considered abandoned.

Edited October 18, 2011 by Aztec&Taino

[Deputy Purple 1,294]

Since nobody seems to understand this, I'll repeat it a little louder this time:

AP (Advance Parole) is worthless once you're out of status (your I-94 has expired).

The OP has indicated that they are currently out of status. Granted they are just days out of status so there's no re-entry ban yet but AP isn't a guarantee that they'll be re-admitted. CBP could see that they overstayed and choose to ignore the AP document all together.

Why take a chance when they can simply go home for the holidays next year?

[Zen Den 18]

The OP should not apply for or attempt to use AP. She is in overstay as her I-94 expired yesterday!

If the files AOS even with AP and leaves the country then her AOS application will be considered abandoned.

AP (Advance Parole) is worthless once you're out of status (your I-94 has expired).

She can apply for AOS and AP even if her I-94 has expired. If there are no other problems and she applies today, she could get her AP around December. Her AOS application will not be considered abandoned because the NOA1 and AP are the exact proofs required that she's not abandoning it.