Traveling after visa granted

[jmango4 11]

Hi all,

I applied for the first part of the K-1 visa at the start of April of this year. We are being processed at the Texas Service Center. After reading some of the other posts on here I am worried that the first part of this process at TSC is going to take far longer than expected. If all goes according to the estimated processing time on USCIS website of 5 months, then I am hoping that my fiance will have his visa in hand by end of October/early November.

I understand the requirements of marrying within 90 days of him coming over. My question is this: if we were to marry immediately upon his arrival in, let's just say early November, how likely is it that he will be able to return home in December for the holidays? Being home for Christmas is a very important item for him and would be heart breaking if he is unable to be there because of admin details over here. Can we file the permission to travel document prior to him receiving his visa? I asked this same question a few times to USCIS and got mixed responses from them.

Thank you in advance to anyone who can answer this question!

[srvman 38]

Say you marry on November 1st, and send your papers off by November 2nd. You send of your Advanced Parole along with the application. From what I am seeing, most people get their AP along with their EAD in around 70 days after filing. You can't apply for it in advance. The visa is valid for a year from the time of the medical. If he gets it in November, a much more simple option would be to wait until January 2nd to come over. Would save a lot of time and a lot of money.

[sweet cakes 326]

Hi all,

I applied for the first part of the K-1 visa at the start of April of this year. We are being processed at the Texas Service Center. After reading some of the other posts on here I am worried that the first part of this process at TSC is going to take far longer than expected. If all goes according to the estimated processing time on USCIS website of 5 months, then I am hoping that my fiance will have his visa in hand by end of October/early November.

I understand the requirements of marrying within 90 days of him coming over. My question is this: if we were to marry immediately upon his arrival in, let's just say early November, how likely is it that he will be able to return home in December for the holidays? Being home for Christmas is a very important item for him and would be heart breaking if he is unable to be there because of admin details over here. Can we file the permission to travel document prior to him receiving his visa? I asked this same question a few times to USCIS and got mixed responses from them.

Thank you in advance to anyone who can answer this question!

Hi there! Welcome to VJ!

The 5-6 months average processing time is only for NOA1 to NOA2. It can even take longer. After this, time varies significantly due to a lot of factors, mainly: NVC, how the embassy schedule the interviews, and medical. 2-3 months after NOA2 is a good estimate. To be honest, he may still be back home for Christmas.

To answer your question, you CAN'T apply for AP (Advance Parole/Re-entry permit to US) before getting his visa. He can only apply for this with AOS after he arrives in US, then you guys get married, and finally received the marriage certificate. Processing time for the EAD/AP is 60-90 days (~3 months) from application.

Btw, when you have a chance, , it helps everyone using the forum.

Edited June 19, 2014 by sweet cakes

[disteph 9]

I can suggest to you:

1. Married as soon as possible. Get the certified copy of your marriage certificate

2. Before he arrive, you already prepare for AOS, EAD and AP document (total payment $1070). Just left the blank document that your fiance need to fill in

3. Sent the package the day after you get your certified copy. Or if you can make the same day that would be better

The entire process will take about 1-2 months. hopefully this is help.

[jmango4 11]

Thank you for your responses! Hopefully a miracle will happen and we will have things processed sooner rather than later. But great advice all around, thanks.

[JohnR! 5,495]

Hi all,

I applied for the first part of the K-1 visa at the start of April of this year. We are being processed at the Texas Service Center. After reading some of the other posts on here I am worried that the first part of this process at TSC is going to take far longer than expected. If all goes according to the estimated processing time on USCIS website of 5 months, then I am hoping that my fiance will have his visa in hand by end of October/early November.

I understand the requirements of marrying within 90 days of him coming over. My question is this: if we were to marry immediately upon his arrival in, let's just say early November, how likely is it that he will be able to return home in December for the holidays? Being home for Christmas is a very important item for him and would be heart breaking if he is unable to be there because of admin details over here. Can we file the permission to travel document prior to him receiving his visa? I asked this same question a few times to USCIS and got mixed responses from them.

Thank you in advance to anyone who can answer this question!

Just a suggestion: Play it safe and have him come over after the holidays so you don't have to worry about getting AP for his return.

[jmango4 11]

Thank you! If we waited to play it safe until after the holidays, or if just in general we didn't apply for a reentry permit into the US, does adjusting his status after we marry allow him to travel freely as well as work?

[sweet cakes 326]

Thank you! If we waited to play it safe until after the holidays, or if just in general we didn't apply for a reentry permit into the US, does adjusting his status after we marry allow him to travel freely as well as work?

Yes, once he receives his EAD (Employment Authorization Document) and AP combo card. Approximate processing time for this is ~3months from application.

By the way, AP can only be used as a re-entry permit to US. If he intends to travel internationally aside from his home country, he has to check the visa requirements, if needs one based on his citizenship (or the passport he's using).

[CowBoE 429]

Hi all,

I applied for the first part of the K-1 visa at the start of April of this year. We are being processed at the Texas Service Center. After reading some of the other posts on here I am worried that the first part of this process at TSC is going to take far longer than expected. If all goes according to the estimated processing time on USCIS website of 5 months, then I am hoping that my fiance will have his visa in hand by end of October/early November.

I understand the requirements of marrying within 90 days of him coming over. My question is this: if we were to marry immediately upon his arrival in, let's just say early November, how likely is it that he will be able to return home in December for the holidays? Being home for Christmas is a very important item for him and would be heart breaking if he is unable to be there because of admin details over here. Can we file the permission to travel document prior to him receiving his visa? I asked this same question a few times to USCIS and got mixed responses from them.

Thank you in advance to anyone who can answer this question!

There are some exceptions, but looks like TSC's processing time is 5 to 6 months.

Also, I wouldn't complicate life by trying to make everything work.

Timeline on these visa processing is mostly out of our control.

I wouldn't do anything to jeopardize or complicate the proper Visa, marriage, and green card processing

unless there are some real emergency situations.

No matter what USCIS tells you now, the timeline reality is totally unpredictable.

I filed for I-129F back in Dec/2013, and we are hoping that she can be here in September.

If you applied in April, I think you could be looking at more of December approval,

in which case, he may be able to spend holidays there and then come.

So don't sweat it now, and let the processing guide you what's natural to do.

Best wishes.

[baron555 934]

My question is this: if we were to marry immediately upon his arrival in, let's just say early November, how likely is it that he will be able to return home in December for the holidays?

Not at all likely. Once you file for AOS and the AP after you get married and have the marriage certificate in hand, figure about three months to receive the AP which allows him to re-enter the US once he leaves (anyone can leave at any time, it is the getting back in that is the tricky part).

Being home for Christmas is a very important item for him and would be heart breaking if he is unable to be there because of admin details over here.

Then have him delay coming to the US in the first place until after Christmas and then you guys get married and proceed along the process.

Can we file the permission to travel document prior to him receiving his visa?

No

I asked this same question a few times to USCIS and got mixed responses from them.

Of course, like talking with the IRS>

Thank you in advance to anyone who can answer this question!

International relationships and immigration to the US to become married and permanently reside here require couples (and their families and friends) to understand that things have to be done differently. Most will understand this and not hold anyone hostage over the requirements. Also priorities must be made and set and followed.

[Tina and Johan 206]

Hi all,

I applied for the first part of the K-1 visa at the start of April of this year. We are being processed at the Texas Service Center. After reading some of the other posts on here I am worried that the first part of this process at TSC is going to take far longer than expected. If all goes according to the estimated processing time on USCIS website of 5 months, then I am hoping that my fiance will have his visa in hand by end of October/early November.

Being home for Christmas is a very important item for him and would be heart breaking if he is unable to be there because of admin details over here.

If he has his K1 visa in hand before Christmas, he has 6 months to use it. Your timeline seems way too risky to think that he will be able to legally go home for Christmas if he comes here Oct/Nov. it would make more logical sense to delay until after the holidays rather than play AP roulette. Just my $.02

Edit for typos. argh

Edited June 19, 2014 by Tina and Johan

[Dave&Roza 748]

Thank you! If we waited to play it safe until after the holidays, or if just in general we didn't apply for a reentry permit into the US, does adjusting his status after we marry allow him to travel freely as well as work?

He must have the EAD/AP card or GC in his hands before travelling or working. If he leaves the US before the GC arrives and does not have the AP card, he will not be allowed back in to the US. If being home for the holidays is so important, I would wait until after and have him come then assuming the expiration date of the visa is beyond the holidays--PLEASE, PLEASE check the expiration of the visa when he receives it as that is the date he must enter the US by and it does vary by country. He can leave the US at anytime, but he must have the proper documents in order to enter the US--i.e. valid visa, AP, or GC.

Dave

[jeffkadrliktorr 99]

Where is he moving from? Living in the states sounds like it's going to be very difficult/expensive if he can't handle one year of not

being home for Christmas

[jmango4 11]

Hi Jeffdtorr, he is moving here from Ireland

Edited June 20, 2014 by jmango4

[nsolo 4]

Hi all,

I applied for the first part of the K-1 visa at the start of April of this year. We are being processed at the Texas Service Center. After reading some of the other posts on here I am worried that the first part of this process at TSC is going to take far longer than expected. If all goes according to the estimated processing time on USCIS website of 5 months, then I am hoping that my fiance will have his visa in hand by end of October/early November.

I understand the requirements of marrying within 90 days of him coming over. My question is this: if we were to marry immediately upon his arrival in, let's just say early November, how likely is it that he will be able to return home in December for the holidays? Being home for Christmas is a very important item for him and would be heart breaking if he is unable to be there because of admin details over here. Can we file the permission to travel document prior to him receiving his visa? I asked this same question a few times to USCIS and got mixed responses from them.

Thank you in advance to anyone who can answer this question!

My co-worker applied for K1 visa last year March for his fiancee in Germany. Took 13 months to get the visa. They got married in end of April this year. Just last week, she went in for her green card interview.