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CatMax

Can't Leave US?

By CatMax in K-1 Fiance(e) Visa Process & Procedures

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CatMax Rookie

CatMax   0

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

My fiance had his interview a few weeks ago, everything went great and he has his visa in hand :), but there was one thing they told him which was news to me. They said he can't leave the United States for two years after he arrives and that if he wanted to see his family they would have to come here to visit him. It isn't a huge problem but a little dissapointing because we were planning a celebration in France this summer for the family that couldn't come here for the wedding. I'm just surprised that I didn't see anything about this in all the research I did on the K1 visa. Can anyone give me some more information on this? I'd like to know if there are any instances where they can make an exception.

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
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Posted

My fiance had his interview a few weeks ago, everything went great and he has his visa in hand :), but there was one thing they told him which was news to me. They said he can't leave the United States for two years after he arrives and that if he wanted to see his family they would have to come here to visit him. It isn't a huge problem but a little dissapointing because we were planning a celebration in France this summer for the family that couldn't come here for the wedding. I'm just surprised that I didn't see anything about this in all the research I did on the K1 visa. Can anyone give me some more information on this? I'd like to know if there are any instances where they can make an exception.

Either the CO was mistaken or your fiance didn't understand them correctly. Your fiance can leave the US anytime he wants to. If he wants to get a green card then he needs to remain in the US until he either gets advance parole or gets the green card. If you marry soon after he arrives and submit the adjustment of status application then he should have his green card in a matter of months.

There are some limits on how long he can stay outside the United States if he wants to keep his green card.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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CatMax Rookie

CatMax   0

Posted
Filed: K-1 Visa Country: France
 Timeline
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Either the CO was mistaken or your fiance didn't understand them correctly. Your fiance can leave the US anytime he wants to. If he wants to get a green card then he needs to remain in the US until he either gets advance parole or gets the green card. If you marry soon after he arrives and submit the adjustment of status application then he should have his green card in a matter of months.

There are some limits on how long he can stay outside the United States if he wants to keep his green card.

Yay!! I had a feeling there was some kind of misunderstanding, thanks so much :)

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dan_leb Explorer

dan_leb   2

Posted
Filed: IR-1/CR-1 Visa Country: Lebanon
 Timeline
Posted

i guess they mean he can't leave USA until he get his 2 years Green Card, once he have the GC he can travel and return with no problems

====================================================================================

USCIS

September 16, 2011 - petition sent

September 20, 2011 - NOA-1

September 27, 2011 - NOA-2

NVC

SEPTEMBER 30 2011 CASE RECEIVED waiting for case number

OCTOBER 19 2011 RECEIVED THE CASE NUMBER BY PHONE

OCTOBER 26 2011 AOS BILL INVOICED AND PAID

OCTOBER 26 2011 Choose of agent email sent(DS3032)

OCTOBER 28 2011 Received AOS/DS3032 email

OCTOBER 31 2011 AOS package reached NVC by DHL

November 1 2011 IV bill invoiced and paid

November 7 2011 IV package received by the NVC

November 9 2011 Case completed --waiting for the interview date

---Interview Date December 8 2011 approved

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TBoneTX Grand Master

TBoneTX   45,309

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

Si, man -- leaving the U.S. is no problem; being allowed back in comes only by virtue of Advance Parole (filed for after marriage along with AOS & EAD) or the green card (after AOS is approved).

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Si, man -- leaving the U.S. is no problem; being allowed back in comes only by virtue of Advance Parole (filed for after marriage along with AOS & EAD) or the green card (after AOS is approved).

good.gifgood.gif

Either the CO was mistaken or your fiance didn't understand them correctly. Your fiance can leave the US anytime he wants to. If he wants to get a green card then he needs to remain in the US until he either gets advance parole or gets the green card. If you marry soon after he arrives and submit the adjustment of status application then he should have his green card in a matter of months.

There are some limits on how long he can stay outside the United States if he wants to keep his green card.

good.gifstar_smile.gifgood.gif

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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