few questions

[philipo 5]

Dear Vj'ers

If you are approved in the interview and you leave your country (belgium) and go to the states with your k1visa .. you have got 90 days

if you marry within the 90 days .. but you choose NOT to file for AOS immediatly can you travel back to europe for example ? and come back and THAN you apply for AOS ? or should u stay in usa Untill you have your conditional greencard ?

Regards!

[stevie b 141]

Dear Vj'ers

If you are approved in the interview and you leave your country (belgium) and go to the states with your k1visa .. you have got 90 days

if you marry within the 90 days .. but you choose NOT to file for AOS immediatly can you travel back to europe for example ? and come back and THAN you apply for AOS ? or should u stay in usa Untill you have your conditional greencard ?

Regards!

the k1 visa is a one time single use visa for the purpose of marriage.

the only way to travel before you receive your green card is to get advance parole. I believe that advance parole takes about 90 days with the whole aos/gc taking twice as long.

hopefully someone else will chime in with the details of the aos, but NO you can not leave the country without advance parole or gc in hand.. otherwise you have to start from the beginning again, including new fees.

[Jamaica10 13]

Your best bet is to stay in the US. You'll need a good reason as to why you wan advanced parole and even if granted it tells you that it doesn't guarantee re-entry back in the states. I don't recommend you taking the risk unless you have an emergency

[kzielu 1,153]

Dear Vj'ers

If you are approved in the interview and you leave your country (belgium) and go to the states with your k1visa .. you have got 90 days

if you marry within the 90 days .. but you choose NOT to file for AOS immediatly can you travel back to europe for example ? and come back and THAN you apply for AOS ? or should u stay in usa Untill you have your conditional greencard ?

Regards!

You can travel, but you will not be able to come back unless you wait for at least AP (or conditional Green Card).

[philipo 5]

how long can that take ??

[KayDeeCee 4,896]

Your best bet is to stay in the US. You'll need a good reason as to why you wan advanced parole and even if granted it tells you that it doesn't guarantee re-entry back in the states. I don't recommend you taking the risk unless you have an emergency

Uhmm, no. You do not need any explanation why you want the AP and you can use it to travel outside the US and re-enter for any reason you need/want to. It will be granted simply because you are filing for AOS and applied for it. People travel with AP all the time.

OP > No, you cannot leave and then file.The K-1 is a single entry visa and is null and void once you use it to enter. If you leave, you will no longer be eligible to apply for AOS and will not be able to re-enter the US unless your spouse files for a spousal visa. You will then have to wait, pay the fees and go through another whole immigration process again. Once you enter the US and marry, you then file for AOS and you will file for the EAD and AP at the same time. The fees for those forms are waived when filed with a pending I-485 for adjustment. It takes 2-3 months to receive. You use the EAD/AP to work and travel(re-enter US) while waiting for your green card approval. If you need to be out of the US right after entry with the K-1, then perhaps delay entry? The K-1 visa is typically good for 6 months. Otherwise, wait to travel once you enter with the K-1 until you have AP or the green card. Check out the AOS guide and forum here on VJ. I am going to move your post there, since the topic is about AOS.

~ Moved from K-1 Process to AOS from Family Based Visas ~

[philipo 5]

Uhmm, no. You do not need any explanation why you want the AP and you can use it to travel outside the US and re-enter for any reason you need/want to. It will be granted simply because you are filing for AOS and applied for it. People travel with AP all the time.

OP > No, you cannot leave and then file.The K-1 is a single entry visa and is null and void once you use it to enter. If you leave, you will no longer be eligible to apply for AOS and will not be able to re-enter the US unless your spouse files for a spousal visa. You will then have to wait, pay the fees and go through another whole immigration process again. Once you enter the US and marry, you then file for AOS and you will file for the EAD and AP at the same time. The fees for those forms are waived when filed with a pending I-485 for adjustment. It takes 2-3 months to receive. You use the EAD/AP to work and travel(re-enter US) while waiting for your green card approval. If you need to be out of the US right after entry with the K-1, then perhaps delay entry? The K-1 visa is typically good for 6 months. Otherwise, wait to travel once you enter with the K-1 until you have AP or the green card. Check out the AOS guide and forum here on VJ. I am going to move your post there, since the topic is about AOS.

~ Moved from K-1 Process to AOS from Family Based Visas ~

So If I am in the states and after I get married, do I have to put EAD , I864, g325a,I485,payment I485, ALL in one package and send it to chicago lockbox ??

[lost_at_sea 995]

So If I am in the states and after I get married, do I have to put EAD , I864, g325a,I485,payment I485, ALL in one package and send it to chicago lockbox ??

You *will* be in the States after you get married because you understand that you can't leave the States until after you've filed AOS and either that comes through or you get AP (advanced parole) through? Correct? If you leave before finishing AOS or getting AP, then you'll have to *start all over again* (another year in Belgium!). Once you submit the AOS package (with AP) you can leave the USA, it'll take about 2 - 3 months to get it.

This is the process you need to follow once you get to the USA and marry (it tells you what to put in the package - your submit everything together): http://www.visajourney.com/content/k1k3aos

Remember, you *must* get married within 90 days of you entering the USA. You must not leave before you get married, either - that'll have the same effect as leaving without doing AOS or AP (starting all over!).

[KayDeeCee 4,896]

So If I am in the states and after I get married, do I have to put EAD , I864, g325a,I485,payment I485, ALL in one package and send it to chicago lockbox ??

Yes, you will be in the US. Once you enter with the K-1 and marry within 90 days, you file for adjustment of status. The I-765 is for work and the I-131 is for travel(re-entry). You file everything together. The EAD/AP typically come as a combo card now, and it covers work and travel. Follow the guide here on VJ that lost_at_sea posted the link to. Once you enter the US, do not leave without the AP or green card or it will abandon your process and you will need to start from scratch by filing for a CR-1.