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Filed: K-1 Visa Country: Canada
Timeline
Posted

I am Canadian & waiting for K-1 approval.

I have two questions:

1. After we get married in the US, can we travel overseas for a honeymoon? I do understand that a K-1 Visa is a one entry visa. However, since Canadians can come into the US for 6 months at a time anyways, would I be allowed to re-enter after the honeymoon and wait for AOS approval?

2. Once we file paperwork for AOS, can I travel back home to Canada to visit my family?

Filed: Country: Monaco
Timeline
Posted

You can't leave the US until you have your AP or your greencard. If you do, you can't return to apply for AOS for that would be considered fraud and chances are you would not be allowed in anyway.

Play it safe and stay put until your AOS is underway and you have your AP in hand.

Good luck!

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Posted

You cannot travel abroad until you have your travel permission, AP, or your Greencard. If you leave, you will not be able to reenter, and you will formally abandon your AOS paperwork and lose your money.

Have your honeymoon in the US, or wait until you have your AP.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: Canada
Timeline
Posted

You cannot travel abroad until you have your travel permission, AP, or your Greencard. If you leave, you will not be able to reenter, and you will formally abandon your AOS paperwork and lose your money.

Have your honeymoon in the US, or wait until you have your AP.

Thank you all for your help!!

Do you need to apply for both AP and AOS at the exact same time?

Also, I am unclear how AP works. Is AP something I would apply for just to take a single trip outside the US and return? Or would AP be valid for multiple trips outside the US? Am I applying for AP separately for each instance I want to leave the US?

Also, once AOS is completed and green card is in hand, is AP no longer necessary at that point? Can I then travel internationally with just my Canadian passport and Green Card?

Posted (edited)

AP is applied for at the same time as AOS, and AP is free (with the AOS). Your AP will be approved in about 3 months from when you file. And yes, once you get your GC you don't need the AP anymore. The AP is meant to be a temporary-stopgap document for travel (The employment card, the EAD, works on the same principle).

Multi-entry AP is routinely approved for people with pending AOS. To minimize the time you are stuck in the US, marry soon after entry on the K-1 and apply for AOS straight away.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Country: Monaco
Timeline
Posted

Thank you all for your help!!

Do you need to apply for both AP and AOS at the exact same time?

Also, I am unclear how AP works. Is AP something I would apply for just to take a single trip outside the US and return? Or would AP be valid for multiple trips outside the US? Am I applying for AP separately for each instance I want to leave the US?

Also, once AOS is completed and green card is in hand, is AP no longer necessary at that point? Can I then travel internationally with just my Canadian passport and Green Card?

Yes you do. Make sure you send everything in the same package. Chances are your AP will be issues for multiple entries, so you should be OK until you receive your GC. With your GC in hand and Canadian passport you can travel internationally and will no longer need the AP.

The USCIS considers abandonment of residence if you should leave the country before your AOS is completed. The AP is an authorization that allows you to leave the country while your AOS is underway, without being considered abandonment. The vast majority of immigrants apply for AP during AOS, so it is not like it is something unusual or exceptional.

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www.ffrf.org




Posted

If you do need to travel in a few months after you get married, I suggest you choose a wedding venue where they have a shorter processing time for the marriage certificate. We had to choose another county (Kern county in California instead of LA county [where my husband has been living]) because in LA County, they said it takes about 4-6 weeks to get the marriage certificate, while in Kern County, it only takes two weeks. In our case we got our certified copy of our marriage certificate from Kern County after 3 working days. Note that you would need this document when you apply for your AOS.

As with previous suggestions, yes, it's best that you apply for your AOS, AP, and EAD all at the same time.

 
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