return to Philippines

[tubesman 3]

My wife is here on a K1 visa. We were married in June. I have not filed for her AOS. She wants to return to Manila to see the wedding of a close friend in January. Can this be done?

[Sweetmelissa 82]

Not without approved AP, which should be filed with her AOS.

[tubesman 3]

What is an AP?

[Sweetmelissa 82]

http://www.visajourney.com/wiki/index.php/Advance_Parole

[JIJourney 96]

Unfortunately not .

I believe you need to have an approved AOS and/or Greencard.

If you leave the country, you would have to file again

[Boiler 46,156]

File AOS.

Just a thought.

[belinda63 3,047]

She can leave anytime she wants. She will need a spousal immigrant visa to come back if she leaves prior to receiving AP or her green card. AP takes about 90 days to receive so you might want to get a move on filing AOS.

[tubesman 3]

So that would be fileing for K3 visa so she could return, not sounding like a viable plan.

[Boiler 46,156]

[visaqueries 111]

If you file for her adjustment of status, you can concurrently file for Advanced Parole and EAD (Employment Authorization). The cost of those are waived when you apply with the Adjustment of Status. The going time frame for Advanced Parole (which would allow your wife to potentially go to the wedding) is about 90 days after your application is received. So, if you apply for AOS, file the Advanced Parole (AP) and, if you'd like, EAD, there is a chance she will be able to attend a wedding in January. The guides above are great to help you know how to file for all of these items.

[KayDeeCee 4,896]

Takes about 90 days to receive the EAD/AP. You file for them together with the I-485 for AOS. The fees for those forms are even waived when filed with a pending I-485. It is only July. She would have the AP in time for January. She may even have her green card by then. You just need to file and get it going > http://www.visajourney.com/content/k1k3aos

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

[Ilovemyman 147]

My wife is here on a K1 visa. We were married in June. I have not filed for her AOS. She wants to return to Manila to see the wedding of a close friend in January. Can this be done?

If you apply now for aos, it could be possible.

When you send the aos, you apply for ap, avance parole is a document that she can travel without green card and come back to usa.

[PhilLuv 43]

File the AOS now and she should be good to make the wedding. EAD/AP takes 30 - 90 days and if lucky her GC could arrive on or before January. Good luck.

[Pitaya 2,577]

My wife is here on a K1 visa. We were married in June. I have not filed for her AOS. She wants to return to Manila to see the wedding of a close friend in January. Can this be done?

You need to file for AOS/AP/EAD and receive the proper documentation, PRIOR to leaving the US. If not, you will need to start all over with the spouse visa process. Check the NUMEROUS related threads and the GUIDES for more information.

[Hank_ 9,174]

My wife is here on a K1 visa. We were married in June. I have not filed for her AOS. She wants to return to Manila to see the wedding of a close friend in January. Can this be done?

Nope. Not without having an Advance Parole or green card, unless you would like to start over with a spousal visa.

You need to file AOS, then also file the I-131 Advance Parole (this will allow your wife to re-enter the USA) & file the I-765 ( both free to file with the I-485). My wife got her Advance Parole about 2 months after filing.

My wife had her green card in 4 months after filing AOS.