Traveling outside of US while still on K1 Visa

[AP+JP 4]

I have a question, and I can't find the answer to this anywhere.

When my fiancee gets here, we plan on getting married in Key West, Florida. I would like to take a cruise to the Bahamas while we're down there. My question:

Is it possible for my fiancee to go to the Bahamas on a cruise ship and then come back to USA while she still has the K1 visa?

[Harpa Timsah 13,258]

No, it is not possible to travel outside the US. A k-1 is a one-time use visa. If she leaves, she will be stuck outside the US. She can apply for travel permission with her Adjustment of Status after marriage so she can travel before the GC is approved.

[Kathryn41 3,205]

No, it is not possible to travel outside the US. A k-1 is a one-time use visa. If she leaves, she will be stuck outside the US. She can apply for travel permission with her Adjustment of Status after marriage so she can travel before the GC is approved.

. . .but it is important to remember that she must also have received the AP (Advance Parole travel permission) before leaving the US as well. Applying for it is not sufficient. Once she uses the K-1 she needs to have either her green card or the AP document in hand if she wishes to leave and return to the US. If she has neither of those, then she would be denied re-entry and you would have to start the immigration process all over again. I'm afraid the Bahamas will have to wait There are lots of great things to see and do in the Florida Keys, however, that will still make for a wonderful honeymoon,

Edited November 15, 2012 by Kathryn41

[Penguin_ie 5,993]

**** Moving from Off Topic to TRavelling During Immigration ****

[kawaiiakurei06 2]

. . .but it is important to remember that she must also have received the AP (Advance Parole travel permission) before leaving the US as well. Applying for it is not sufficient. Once she uses the K-1 she needs to have either her green card or the AP document in hand if she wishes to leave and return to the US. If she has neither of those, then she would be denied re-entry and you would have to start the immigration process all over again. I'm afraid the Bahamas will have to wait There are lots of great things to see and do in the Florida Keys, however, that will still make for a wonderful honeymoon,

I am a bit confused. If you apply for an AP and it is approved, does that mean you can travel out of country while on a K-1 visa? Or do you have still wait for the green card to arrive?

[Penguin_ie 5,993]

I am a bit confused. If you apply for an AP and it is approved, does that mean you can travel out of country while on a K-1 visa? Or do you have still wait for the green card to arrive?

The K1 visa is a one time entry. You are not "on a K1 visa", as soon as you enter the USA it is gone. AP enables you to travel while waiting for the greencard, but to get AP you first need to get married, then apply for AOS, then wait 6-8 weeks to get the AP document.

[Kathryn41 3,205]

I am a bit confused. If you apply for an AP and it is approved, does that mean you can travel out of country while on a K-1 visa? Or do you have still wait for the green card to arrive?

Yes, as Penguiin explained, when you enter the US on a K-1 visa, it is good for a one time entry, only. You have 90 days in which to get married - which is the purpose of the visa - and then you are expected to apply for permission to remain in the US - to become a permanent resident by applying for a green card. You can't leave the country while waiting for your green card because you have no permission to 'return' and if you leave, USCIS considers that abandoning your petition for a green card. If you did that, then you would have to go back to the beginning and start the whole process all over again.

USCIS does recognize that there are circumstances that may require you to leave the US before all of the necessary processing for a green card is complete so allows for that possibility by letting you also apply for special permission to travel and return to the US during this process. Since you need to show you are eligible and plan to remain in the US - to obtain immigrant status - you need to file to become a permanent resident. At the same time you can also apply for this special travel permission known as Advance Parole. This lets USCIS know that you do not intend to abandon your request to become a permanent resident while you attend to the business out of the US that requires your physical presence. It takes about 2 months for USCIS to complete the AP paperwork.

You need to be in the US in order to receive the AP document and then when you travel outside of the US, you need to present the AP document when you apply for re-entry at the border. You are then 'paroled' into the US which actually has a different 'status' than 'entry' to the US. The fine details of that difference aren't important to this discussion but it is good to be aware that you are not 'admitted back into the US but paroled back into the US. USCIS will be aware of the date the AP was authorized and will compare that date to any dates of leaving and returning to the US, so they will know if you actually left without permission, which is why you need to wait until you receive the AP. Plus, if the AP is denied, then you are stranded outside of the US and will not have the ability to return.

One other important consideration. While the AP gives you permission to travel out and return to the US during processing of your request to become an immigrant, if you have any sort of immigration violation that would prevent you from being allowed into the US - such as an overstay with a ban - the AP does not override those circumstances. USCIS will give you the AP, but you may not be able to use it safely if there are other circumstances that impact your eligibility. You would then still be denied re-entry even with the AP document in hand.

I hope this makes it clearer how the Advance Parole situation works.

Edited November 17, 2012 by Kathryn41

[AP+JP 4]

OK, guys. 1 more question.

What about traveling to HAWAII ???

It's in the middle of the Pacific Ocean, but it's a US state. Does my fiancee need any special documents to fly to Hawaii?

[hmh33 117]

No, just a photo ID like for any other domestic flight (her passport is fine)

Edited November 17, 2012 by hmh33

[Moomin 292]

OK, guys. 1 more question.

What about traveling to HAWAII ???

It's in the middle of the Pacific Ocean, but it's a US state. Does my fiancee need any special documents to fly to Hawaii?

Travel nonstop from a US state to another US state is domestic = fine.

http://www.visajourney.com/forums/topic/236185-flying-to-hawaii-for-honeymoon/

[kawaiiakurei06 2]

Thank you guys so much for your help! I was wondering about Hawaii as well ^^

Though what about Puerto Rico? I know it is not a states, but US citizens can go over there with out a visa.

[Moomin 292]

Thank you guys so much for your help! I was wondering about Hawaii as well ^^

Though what about Puerto Rico? I know it is not a states, but US citizens can go over there with out a visa.

Here's a link for ya; http://www.visajourney.com/forums/topic/380953-travel-within-us/page__view__findpost__p__5578091

[kawaiiakurei06 2]

Thank you guys so much for your help! I was wondering about Hawaii as well ^^

Though what about Puerto Rico? I know it is not a states, but US citizens can go over there with out a visa.

Oo!! THANK YOU!!!

[Moomin 292]

Oo!! THANK YOU!!!

NP. Just remember not to take a detour to non-US states or waters. Happy honeymoon!