Can my fiancé leave and re-enter the country during the 90 day period?

[Ryan S 4]

My fiance just got her K1 visa approved today, she's a Bolivian citizen living in Spain and got the visa from the US embassy in Spain. About a month ago, she received a noticed in the mail regarding her Spanish nationality, it said she could acquire Spain citizenship if she shows up to claim it, which could be anywhere from 3-6 months from now. She'll live here in the US with me and get married but she doesn't want to lose out on the chance to also have her Spanish citizenship, even though she'll be living here. Is it possible for her to leave the US for a few days when the notice arrives and then come back before our 90 days is up? I need to make sure she can re-enter the US during the period before we get married.

[Harpa Timsah 13,258]

No, K-1 is a one-time use visa.

[Dave&Roza 748]

My fiance just got her K1 visa approved today, she's a Bolivian citizen living in Spain and got the visa from the US embassy in Spain. About a month ago, she received a noticed in the mail regarding her Spanish nationality, it said she could acquire Spain citizenship if she shows up to claim it, which could be anywhere from 3-6 months from now. She'll live here in the US with me and get married but she doesn't want to lose out on the chance to also have her Spanish citizenship, even though she'll be living here. Is it possible for her to leave the US for a few days when the notice arrives and then come back before our 90 days is up? I need to make sure she can re-enter the US during the period before we get married.

If she uses the K-1 visa to enter the US, she must have the AP or GC in order to re-enter the US. As always, you can leave the US any time you want. The problem is in being able to re-enter the US. The K-1 visa is typically valid for 6 months from the date of issue. Maybe she should wait as long as possible before entering the US on the K-1, but once she does enter she will need to file for AP, EAD, and the GC and have either the AP or GC in order to get back in. If she does leave after you get married then you must start the whole process all over for a spousal visa.

Sounds like you two will have some long discussions,

Good luck,

Dave

Edited January 29, 2013 by Dave&Roza

[TimeTravel 78]

K1 is a one time visa. Once you use it, then it is void.

[Ryan S 4]

Thanks for the replies, I appreciate the info.

[Lovecouple 15]

" once she does enter she will need to file for AP, EAD, and the GC and have either the AP or GC in order to get back in. "

Question: what is the AP, EAD, and GC??? What do these abbreviations stand for?

[Gary and Alla 3,694]

My fiance just got her K1 visa approved today, she's a Bolivian citizen living in Spain and got the visa from the US embassy in Spain. About a month ago, she received a noticed in the mail regarding her Spanish nationality, it said she could acquire Spain citizenship if she shows up to claim it, which could be anywhere from 3-6 months from now. She'll live here in the US with me and get married but she doesn't want to lose out on the chance to also have her Spanish citizenship, even though she'll be living here. Is it possible for her to leave the US for a few days when the notice arrives and then come back before our 90 days is up? I need to make sure she can re-enter the US during the period before we get married.

NO! She can leave and return after she has an AP which occurs AFTER you are married and about 90 days AFTER you file for adjustment of status.

Her K-1 visa is valid for 6 months. I suggest she just remain where she is, get her Spanish citizenship and THEN come to the US with her K-1

[Gary and Alla 3,694]

If she uses the K-1 visa to enter the US, she must have the AP or GC in order to re-enter the US. As always, you can leave the US any time you want. The problem is in being able to re-enter the US. The K-1 visa is typically valid for 6 months from the date of issue. Maybe she should wait as long as possible before entering the US on the K-1, but once she does enter she will need to file for AP, EAD, and the GC and have either the AP or GC in order to get back in. If she does leave after you get married then you must start the whole process all over for a spousal visa.

Sounds like you two will have some long discussions,

Good luck,

Dave

Correct, AND she has to be married to apply for AOS, AP and EAD.

1. Enter US

2. Get married

3. File for AOS, AP, EAD

4. Travel after AP is issued (about 90 days after filing)

" once she does enter she will need to file for AP, EAD, and the GC and have either the AP or GC in order to get back in. "

Question: what is the AP, EAD, and GC??? What do these abbreviations stand for?

EAD employment Authorization Document, allows employment

AP Advanced Parole, allows you to travel and return until you have a

GC Green card

AOS is Adjustment of Status, the process of getting a green card

Edited January 30, 2013 by Gary and Alla

[Ryan S 4]

Would you happen to know if she can acquire Spanish citizenship as an absentee? Meaning, if she moves here on the fiance visa and then finds out that her Spanish nationality is ready, can she somehow get Spanish citizenship while she's living in the US? Or would she have to go back?

Correct, AND she has to be married to apply for AOS, AP and EAD.

1. Enter US

2. Get married

3. File for AOS, AP, EAD

4. Travel after AP is issued (about 90 days after filing)

EAD employment Authorization Document, allows employment

AP Advanced Parole, allows you to travel and return until you have a

GC Green card

AOS is Adjustment of Status, the process of getting a green card

[vbtwo 54]

Well, technically you can get an AP really quickly, but it really has to be some kind of emergency and you have to go in person to a USCIS local office and prove to them that you have an emergency (would require hospital admission documents for a close relative like a parent, or something similar). They can then issue an AP even the same day. I don't know if they will issue an emergency AP before you're married though.

From the USCIS site:

Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:

A completed and signed Form I-131, Application for Travel Document

The correct I-131 filing fee

Evidence to support the emergency request (e.g. medical documentation, death certificate)

Two passport-style photos.

[Ryan S 4]

My fiance is Bolivian, she is a resident of Spain and has to wait at least a couple months until she gets her citizenship there, which would allow her to come to the US as a tourist. She was already approved for a K1 visa, she's getting it in the mail any day now. She doesn't want to lose her chance to get Spain citizenship. Can she come here on the K1 visa now, leave the US without getting married when her Spain citizenship is ready, and then come back as a Spanish tourist? If so, will that complicate the procedure for her to get a green card once she comes back and we're married?

Edited February 5, 2013 by Ryan S

[KayDeeCee 4,893]

The K-1 visa was valid for 6 months. She could have waited to use it to enter the US until she was ready. Since she already used it to enter, she must get married within 90 days and file for AOS. She can leave anytime she likes, but she cannot re-enter without AP or her green card without abandoning her AOS process. Getting married within 90 days of entering on the K-1 is what will make her eligible to file for AOS.

[Moomin 292]

Jak-kay already answered the first part of the question. In short - no.

She can't leave the US and come back. K1 visa is valid for one entry. Unless she has AP in hand(or greencard) she'll be abandoning her status and you have to start over. The marriage itself won't do anything without the proper paper submitted to USCIS afterwards.

Secondly, your fiancee needs to look into the rules of Spanish citizenship. In some countries, they require the applicant to be present in the country the months leading up to applying or staying in country when having a pending application.

[redvelvet 12]

Why did you bother with K1 then?

First, she might encounter problems when she comes back using VWP from Spain because the immigration people will find out the she applied and got approved for K1 visa.

Second, it will be harder to change status from VWP than K1 (although this can be done). That is only if she is successful with the VWP.

My suggestion: enter with K1, get married, adjust status, wait for AP or GC. Then go back to Spain and get citizenship. How's that?

[aaron2020 11,651]

Was there something wrong with the answers you got in your last thread?

The answer isn't going to change by starting a new thread.

http://www.visajourney.com/forums/topic/411795-can-my-fiance-leave-and-re-enter-the-country-during-the-90-day-period/page__fromsearch__1