Leave and Reenter Possibilities between K1 and AOS?

[quelimaurice 0]

Greetings comrades.

On the 21st of June I recieved my NOA2 and am waiting for the packet of further instructions. I am a US Citizen and my fiance is a Mexican Citizen. His eventual goal is to recieve an EAD, not a green card. My NOA2 lists an expiration date of October 2012.

Here is what I am wondering:

After my fiance, with a K1 Visa in hand, crosses the border into the US, and after we sign papers for marriage, but before we take any other legal action, is he able to return to Mexico? Then later, is he able to return to the United States, file for an AOS, and recieve an EAD?

My worry is that, once he enters the US with the K1 Visa, he will become landlocked, and he will be unable to complete what he needs to do, education and career wise, before he and I start a joined life.

I have read that you can recieve AP while waiting for the AOS, and that allows a non-US Citizen to leave the country and return, but I've also read that it can take months to recieve AP . . . which would not solve the landlocked issue.

An easy solution is, I think, for my fiance to stay in Mexico until he is totally prepared to leave, and use the K1 visa to enter the US then, but my NOA2 states an October 2012 expriation date. What does this date refer to? Can the K1 visa be used after this date?

Much thanks to all,

~ Kelly

[GandK 168]

K-1 visa is a single entry visa. Once you enter the US, you must apply for advance parole and received it before you can travel and come back to the US.

Otherwise, you have to start all over from outside the US if you leave.

[Anh map 2,098]

Greetings comrades.

On the 21st of June I recieved my NOA2 and am waiting for the packet of further instructions. I am a US Citizen and my fiance is a Mexican Citizen. His eventual goal is to recieve an EAD, not a green card. My NOA2 lists an expiration date of October 2012.

Here is what I am wondering:

After my fiance, with a K1 Visa in hand, crosses the border into the US, and after we sign papers for marriage, but before we take any other legal action, is he able to return to Mexico? Then later, is he able to return to the United States, file for an AOS, and recieve an EAD?

My worry is that, once he enters the US with the K1 Visa, he will become landlocked, and he will be unable to complete what he needs to do, education and career wise, before he and I start a joined life.

I have read that you can recieve AP while waiting for the AOS, and that allows a non-US Citizen to leave the country and return, but I've also read that it can take months to recieve AP . . . which would not solve the landlocked issue.

An easy solution is, I think, for my fiance to stay in Mexico until he is totally prepared to leave, and use the K1 visa to enter the US then, but my NOA2 states an October 2012 expriation date. What does this date refer to? Can the K1 visa be used after this date?

Much thanks to all,

~ Kelly

Better planning would have helped. But that's history. How much additional time does he need in Mexico? A few months? Longer?

You can drag out the processing for each stage. The visa will have a 6 month expiration. And it is sometimes possible to get an extension of the validity. That will allow more time to pass before using the K1 to enter.

Or, you can marry now and start the spouse visa petition resulting in a green card which will allow travel back and forth. That will require new fees of course.

Or, you can wait to start the process until you are both ready to be together in the US.

[KayDeeCee 4,893]

Greetings comrades.

On the 21st of June I recieved my NOA2 and am waiting for the packet of further instructions. I am a US Citizen and my fiance is a Mexican Citizen. His eventual goal is to recieve an EAD, not a green card. My NOA2 lists an expiration date of October 2012.

Here is what I am wondering:

After my fiance, with a K1 Visa in hand, crosses the border into the US, and after we sign papers for marriage, but before we take any other legal action, is he able to return to Mexico? Then later, is he able to return to the United States, file for an AOS, and recieve an EAD?

My worry is that, once he enters the US with the K1 Visa, he will become landlocked, and he will be unable to complete what he needs to do, education and career wise, before he and I start a joined life.

I have read that you can recieve AP while waiting for the AOS, and that allows a non-US Citizen to leave the country and return, but I've also read that it can take months to recieve AP . . . which would not solve the landlocked issue.

An easy solution is, I think, for my fiance to stay in Mexico until he is totally prepared to leave, and use the K1 visa to enter the US then, but my NOA2 states an October 2012 expriation date. What does this date refer to? Can the K1 visa be used after this date?

Much thanks to all,

~ Kelly

October 2012 is the expatriation date of the petition and how long you have to have your interview at the consulate. If you need more time before the interview, you can ask about the Juarez consulate extending that date so he can be interviews later than Oct. Also, when his K-1 visa get approved, he will have 6 months to use it to enter the US.

Once he enters though, he cannot leave and re-enter until he has his AP or green card in hand. You need to file for AOS in order to file for EAD and AP. You cannot just get an EAD and nothing else. An EAD, along with an SSN only allows you to work in the US. It does not allow for international travel. When you file for the EAD and AP along with your I-485 for adjustment of status, you will receive an EAD/AP combo card that allows you to work and re-enter the US when traveling. EAD/AP is approved about 3 months after filing for AOS. It is valid for a year, but replaced by the green card once the I-485 is approved. See the AOS guide: http://www.visajourney.com/content/k1k3aos

If he is not ready or willing to live in the US, then perhaps you should cancel your petition and wait until he is ready to move here permanently. That is the purpose of the K-1 visa, to enter the US, marry and adjust status to permanent resident. The end result of that is a 2 year conditional green card.

Also, there is no information 'packet' from CDJ.

Juarez will send the USC and the beneficiary in Mexico a letter. Sometimes the letter does not reach the person in Mexico because of the crappy mail system there. If the only one that receives it is the USC, it can be mailed or scanned and emailed and printed out by the beneficiary in Mexico. It does not have to be the original.

The letter you receive points you to the sites where the instructions, forms and place to schedule your appointment and interview is. The letter is the only 'packet' you will receive. You should go to the links listed in the letter. The letter will be needed by the K-1 applicant at their ASC, medical and interview in Juarez, along with the confirmation page from the DS-260.

You need to get your CDJ case #, invoice # and beneficiary ID # from the NVC before you can fill out the DS-260: 603-334-0700

Here are the forms: http://ciudadjuarez.usconsulate.gov/fianceforms.html , instructions (very important to follow and they explain a lot): http://photos.state.gov/libraries/ciudadjuarez/231771/PDFs/packetk10412.pdf , and CDJ info: http://www.visajourney.com/consulates/index.php?ctry=Mexico&cty=Juarez