K1 Visa - Does my Spouse have to return home after the visa expires?

[Krikit 1,165]

^^Just to clarify on the above. If you choose the K-1 route she will still be stuck in the US without the ability to return to Canada until the adjustment of status process runs its course. In both instances she will not be able to re-enter the US until she has an Advance Parole document or the greencard. It's either pay now or pay later. The K-1 is a very inferior visa, all things considered.

[Toby Cannon 0]

Toby, can you clarify what your intentions are? K-1 (you mail the petition, fiancee goes home and finishes process in home country, returns with a K1 visa and you get married), or file as spouse (you marry now, submit all necessary documents and medical, stay in the US and have the interview in the US)?

If your fiancee can wait a bit visiting home country, then getting married now and adjusting status seems superior, your situation taken into consideration. She can visit back home with a pending application but she'll need an approved travel document. It's free of charged when submitted with the AOS application.

If both of you aren't ready for that path, you can file the I129f fiancee petition now instead. Then she can still stay here until her lawful stay is up and thereafter go to home country. This way, she'll need to do medical exam and interview in home country, and she'll have up to 6 months from visa is issued until entering the US again with the K1 visa. This is a longer and more expensive than the other solution but it does provide time in home country. SHe cannot work immidiately after entering the US on a K1 visa either.

I think our course of action is now more clear. We shall be getting married in the next two months before her J-1 Visa expires. After our marriage we shall then be applying for her Adjustment of Status. This way seems best as she already has her social security at the moment and this route would save money and time. She is not worried about returning to her home country in the next six months so this would be perfect.

Here is a bit of background. She is from Peru. Im originally from England but have duel nationality with the USA and have lived here for half my life. If she wanted to travel with me at some point over the next year to England to meet some of my older family that cant travel for the wedding, how would we apply for that?

[Boggy1974 124]

I think our course of action is now more clear. We shall be getting married in the next two months before her J-1 Visa expires. After our marriage we shall then be applying for her Adjustment of Status. This way seems best as she already has her social security at the moment and this route would save money and time. She is not worried about returning to her home country in the next six months so this would be perfect.

Here is a bit of background. She is from Peru. Im originally from England but have duel nationality with the USA and have lived here for half my life. If she wanted to travel with me at some point over the next year to England to meet some of my older family that cant travel for the wedding, how would we apply for that?

1. Yes I think this is best course/route for you take out of all the other possibilities as you have described in the first paragraph of your above quote.

2. You can apply for a Travel Document or advance parole for your wife to travel while her adjustment of status is pending. In fact you can submit the travel document along with her AOS petition. It's easy and free...See earlier post above by one of the members.

Good luck on your visa journey!

Edited January 26, 2013 by Boggy1974

[Krikit 1,165]

Here is a bit of background. She is from Peru. Im originally from England but have duel nationality with the USA and have lived here for half my life. If she wanted to travel with me at some point over the next year to England to meet some of my older family that cant travel for the wedding, how would we apply for that?

She will need a visa to enter the UK and either Advance Parole or a Greencard to re-enter the US. Along with her passport, of course.

http://www.ukba.home...ation/visiting/

Edited January 26, 2013 by Krikit

[Boggy1974 124]

I think our course of action is now more clear. We shall be getting married in the next two months before her J-1 Visa expires. After our marriage we shall then be applying for her Adjustment of Status. This way seems best as she already has her social security at the moment and this route would save money and time. She is not worried about returning to her home country in the next six months so this would be perfect.

Here is a bit of background. She is from Peru. Im originally from England but have duel nationality with the USA and have lived here for half my life. If she wanted to travel with me at some point over the next year to England to meet some of my older family that cant travel for the wedding, how would we apply for that?

Here's links about travel document/advance parole & adjustment of status for an FYI:

http://www.uscis.gov/files/form/i-131instr.pdf

http://www.uscis.gov/files/form/i-485instr.pdf

http://www.uscis.gov/portal/site/uscis/menuitem

Good luck!

[Toby Cannon 0]

Here's links about travel document/advance parole & adjustment of status for an FYI:

http://www.uscis.gov/files/form/i-131instr.pdf

http://www.uscis.gov/files/form/i-485instr.pdf

http://www.uscis.gov/portal/site/uscis/menuitem

Good luck!

Thank you so much everyone!!! This forum and all of you guys have been so helpful!