NOA2 received - Traveling before Green Card

[pacharya 6]

Hi Guys,

Just wanted to throw this question out and see if anyone is aware of anything recently regarding this question.

We just received our NOA 2 and wanted to know if it would be okay to travel for my fiancee before she has her green card. Our plan is that she will visit me in US once she gets the visa, we will get married and then apply for AOS as soon as possible. However, knowing that it can take up to 4-5 months or may be more for her to receive anything official, we wanted to find out if it would be okay for her to travel. We have planned our marriage towards the end of this year and we will be going to India since that is where her family lives.

any suggestions/recommendations on what needs to be done for her travel would be greatly appreciated.

Thanks.

[Cori and Rob 55]

Once your fiance comes over after receiving her visa, she will need to apply for AP along with AOS. AP will allow her to leave the country while she waits for the green card. FYI, the green card can take anywhere from 3-12 months to receive after applying for AOS, so applying for AP with AOS is your best bet. Still, keep in mind that it still takes about 2-3 months to be granted AP. If she attempts to travel outside of the US without AP or a green card, she will be denied re-entry, as the K-1 visa only grants a one time entry into the US,

[India23 22]

Hi Guys,

Just wanted to throw this question out and see if anyone is aware of anything recently regarding this question.

We just received our NOA 2 and wanted to know if it would be okay to travel for my fiancee before she has her green card. Our plan is that she will visit me in US once she gets the visa, we will get married and then apply for AOS as soon as possible. However, knowing that it can take up to 4-5 months or may be more for her to receive anything official, we wanted to find out if it would be okay for her to travel. We have planned our marriage towards the end of this year and we will be going to India since that is where her family lives.

any suggestions/recommendations on what needs to be done for her travel would be greatly appreciated.

Thanks.

Hi so just like the person before me stated you'd have to apply for AP (Advanced Parole) with your AOS (Adjustment of status) after you two are married here in the states. Otherwise she can't leave until after getting her greencard. My fiance is from India & we plan to have a wedding reception/ceremony there as well. Probably before he even comes to the states but after the visa is approved. Maybe you two should consider doing that as well, it might be easier. Good luck with whatever you decide!

P.s. I forgot to mention that the beneficiary has 6 months before they must enter the USA after visa approval. So you could have some time to travel to India

[pacharya 6]

Once your fiance comes over after receiving her visa, she will need to apply for AP along with AOS. AP will allow her to leave the country while she waits for the green card. FYI, the green card can take anywhere from 3-12 months to receive after applying for AOS, so applying for AP with AOS is your best bet. Still, keep in mind that it still takes about 2-3 months to be granted AP. If she attempts to travel outside of the US without AP or a green card, she will be denied re-entry, as the K-1 visa only grants a one time entry into the US,

Thanks a lot for this information.

[pacharya 6]

Hi so just like the person before me stated you'd have to apply for AP (Advanced Parole) with your AOS (Adjustment of status) after you two are married here in the states. Otherwise she can't leave until after getting her greencard. My fiance is from India & we plan to have a wedding reception/ceremony there as well. Probably before he even comes to the states but after the visa is approved. Maybe you two should consider doing that as well, it might be easier. Good luck with whatever you decide!

P.s. I forgot to mention that the beneficiary has 6 months before they must enter the USA after visa approval. So you could have some time to travel to India

Thank you so much for this information.

We are actually planning to do a traditional wedding when we travel to India towards the end of the year. I wanted her to come to the States so we can legally get married before we travel and since the whole visa process is taking longer than expected, I am just trying to find out of ways to get around the situation we may be in regarding her re-entry. I didn't know we had six months after her visa approval. That is indeed great. Thanks again and good luck to you as well !!

[Hank_ 9,174]

Hi Guys,

Just wanted to throw this question out and see if anyone is aware of anything recently regarding this question.

We just received our NOA 2 and wanted to know if it would be okay to travel for my fiancee before she has her green card. Our plan is that she will visit me in US once she gets the visa, we will get married and then apply for AOS as soon as possible. However, knowing that it can take up to 4-5 months or may be more for her to receive anything official, we wanted to find out if it would be okay for her to travel. We have planned our marriage towards the end of this year and we will be going to India since that is where her family lives.

any suggestions/recommendations on what needs to be done for her travel would be greatly appreciated.

Thanks.

Once she gets her visa it isn't a visit, its a move!

When you apply for AOS also apply for the EAD and AP (they are free if done at the same time). The EAD (work) and AP (this allows travel while waiting for the green card) will arrive between 2 and 4 months after filing. My wife got hers in 2 months.

The green card will arrive between 4 and 8 months (depending if there are issues)

Until she has her AP or green card can't leave the USA without issues returning.

[NikLR 13,227]

FYI, she may have time to come to the USA before activating her visa BUT do not go to another country and get married beforehand! Traditional marriage or no... She needs to be married in the USA. Even "non-registered" marriages or family ceremonies should wait.

[pacharya 6]

Once she gets her visa it isn't a visit, its a move!

When you apply for AOS also apply for the EAD and AP (they are free if done at the same time). The EAD (work) and AP (this allows travel while waiting for the green card) will arrive between 2 and 4 months after filing. My wife got hers in 2 months.

The green card will arrive between 4 and 8 months (depending if there are issues)

Until she has her AP or green card can't leave the USA without issues returning.

Thank you Hank_. That's what we would probably do. I will keep all the paper work ready when she gets here and submit it as soon as possible so we can get some sort of response before we travel.

FYI, she may have time to come to the USA before activating her visa BUT do not go to another country and get married beforehand! Traditional marriage or no... She needs to be married in the USA. Even "non-registered" marriages or family ceremonies should wait.

Thank you NikiR. Yes, I myself do not want to anything that is not by the books and that is why I want her to come to States before we travel anywhere.