B2/K1/adjustment of status

[p&w 0]

I currently have a B2 Visa and have been travelling in and out the US alot visiting my Fiance. On my last entry I was told I had used it too much and probably wouldn't be allowed in next time. It was because I had spent several months in the US and would be considered living here. The problem is I travel as part of my work. I need to exit for Europe in June, returning August, and marry in October. Two weeks later I need to go to Europe again for a short meeting for my job. If I get a K visa an adjustment in status in California is taking 8 months, travel parole 3 months.

Do you have any suggestions how to achieve this? Will I be able to get back into the US if I go to Europe shortly after the wedding?

Many thanks for any help

[raymaga 25]

If you enter the U.S. with a K-1 Visa, and marry within 90 days of your entry, you will then be able to apply for AOS/EAD/AP. If you leave the U.S. without either having AP approved or your Green Card, you will not be able to return to the U.S. without starting all over again with the K-3 Visa.

There is no way to travel outside of the U.S. without either AP or a Green Card.

[meauxna 15]

I currently have a B2 Visa and have been travelling in and out the US alot visiting my Fiance. On my last entry I was told I had used it too much and probably wouldn't be allowed in next time. It was because I had spent several months in the US and would be considered living here. The problem is I travel as part of my work. I need to exit for Europe in June, returning August, and marry in October. Two weeks later I need to go to Europe again for a short meeting for my job. If I get a K visa an adjustment in status in California is taking 8 months, travel parole 3 months.

Do you have any suggestions how to achieve this? Will I be able to get back into the US if I go to Europe shortly after the wedding?

Many thanks for any help

What country are you a citizen of? Reside in?

Why do you need to return to the US in August?

[p&w 0]

Sorry, I should get used to giving more information! I am from the UK, I work via my computer from wherever I am, but sometimes I need to go for meetings in France. I need to go back for a couple of weeks in June as part of my job, then I wanted to return to the US in August to marry in October. My fiance lives in the US and as I can work from anywhere it had seemed a good idea to stay with him in the US. I need to go to Europe again in October again for my job. It doesn't seem very hopeful....

Thanks for your help

[LaL 418]

Don't you need your EAD to continue to work after you have landed using a K1 then to follow with AOS? I am not sure the laws surrounding remaining employed with your foreign company while you have immigrated to the US as most have to wait to receive their EAD in order to work legally here in the States. Although it is a requirement of US companies to see the actual EAD, I doubt it would be of concern to the foreign company. I would love to know if anyone can clarify this.

As far as your question to go to France after you marry, I would suggest telling your employer you will need to wait for your advance parol, otherwise you will not be let back in. The other option if your employer absolutely needs you, would be to marry here, and re-file after you leave for France for K3 or CR1. I guess it depends on where you want your wedding and how much flexibility you need for work.

[desert_fox 32]

It might be better in your case to get married and go the K-3 route. No AP required.

[Yodrak 7]

raymaga,

Sure there is. One just needs a new visa to get back into the USA again.

Yodrak

If you enter the U.S. with a K-1 Visa, and marry within 90 days of your entry, you will then be able to apply for AOS/EAD/AP. If you leave the U.S. without either having AP approved or your Green Card, you will not be able to return to the U.S. without starting all over again with the K-3 Visa.

There is no way to travel outside of the U.S. without either AP or a Green Card.