After K1 PoE Questions

[Jekt 0]

I received my NOA1 around 10/16/14. Now, my girl is doing a masters in Ukraine and she has to return there to take some exams, and spend a month teaching english and greek to kids as part of her curriculum. So she actually has to leave.

How long does the whole process take after PoE and marraige to get her status adjusted so that she may leave the country and come back lawfully. Also, if it's the case that she can't stay the full 3 months, I understand there is a petition that you can apply for asking for permission to leave before the deadline and return. Does anyone know anything about the timelines regarding this? (i.e processing times etc)

It's so ironic that they denied her twice a tourist visa because they're afraid she won't leave, and here we have another problem because she needs to leave. She doesn't want to piss away the 1 year she's already put in for this Masters degree.

[stef_curls 42]

After you marry and apply for Adjustment of Status, you also send in application for EAD/work permit, and AP/advanced parole, which allows you to leave the country before your green card is issued. Issue of the green card usually takes around 6+months (I don't know exactly because Im still waiting on NOA2 like you), but EAD and AP should only take around 3 months. Your future wife can leave after they receive their Advanced Parole, and you can request an expedite for that to have it sooner than 3 months, whether or not they give it to you is another story... Your future wife can not under ANY circumstance leave the country after entering on a K1 without AP.

You don't even have your NOA2 yet, I see you're at the Texas Service Center, which is currently a mess and backlogged to 7-8 months for approvals. Your approval could come any day or not for another 2-3 months, sadly, there is no predicting it.

However, once you DO receive your NOA2, the process after that for your fiance will be another 2-3 months, your petition will go to the National Visa Center for processing after Texas Service Center sends it off. After the NVC it's off to the Ukraine embassy, and I don't know how quickly they schedule medical appointments and interviews.

I know being apart SUCKS, trust me, but your fiance will have 6 months to use her K1 visa to enter the country after it is issued. Should that be enough time for her to finish her school requirements?

[Zedayn 485]

You cannot leave the US until you either have the green card in hand OR you have AP (Advance Parole). It usually takes about 3 months to receive AP after you file your adjustment of status. If you leave before you have it, you will need to apply again for a spousal visa.

Now, with that said, you can delay processing of the visa to allow your fiancée to finish some things there first. Once you receive the NOA2, you can have it extended for up to one year before you have the visa interview. In addition, you can also delay using the visa, as you will have 6 months from the date of medical to enter the US. In total, you can delay by around 1 year and 6 months AFTER you receive your NOA2.

When does your fiancée need to be there for exams, and also for the teaching curriculum?

[nitsirk7562 82]

What she'd need to do is adjust status and apply for EAD/AP combo card. It should take about 90 days. She can apply for an expedite, but that's usually for emergency situations and this probably wouldn't qualify. Depending on her timeline for exams, she might be able to delay her medical appointment and interview, plus she does have 6 months to enter the US. It really depends on that timing for a better answer!

[Marco&Bettina 502]

Your future wife can not under ANY circumstance leave the country after entering on a K1 without AP.

Is a lie. You can leave. You just won't be permitted back into the country & will then have to file for a Spousal Visa to return. Basically, it's a horrible idea to leave for any reason without AP or the GC.

[dwheels76 5,468]

Hold up I think people are getting confused. He has a NOA1 on a I-129F petition she is here in US. She can very much leave since her interview will be in Ukraine.

OP she is free to leave now. She will wait until all processing is done than have interview in her country. You can delay abit if NOA2 comes sooner than you like.

[stef_curls 42]

Is a lie. You can leave. You just won't be permitted back into the country & will then have to file for a Spousal Visa to return. Basically, it's a horrible idea to leave for any reason without AP or the GC.

Well.. it wasn't a lie, it was just worded poorly lol.

[Jekt 0]

She has teaching in September, and then exams in November. Then in June 2016, she has 2 state exams and she gets her diploma.

FMLLLLLLLLLLLLLLLLLLLLLLLL

[Marco&Bettina 502]

Well.. it wasn't a lie, it was just worded poorly lol.

I can live with that.

Hold up I think people are getting confused. He has a NOA1 on a I-129F petition she is here in US. She can very much leave since her interview will be in Ukraine.

OP she is free to leave now. She will wait until all processing is done than have interview in her country. You can delay abit if NOA2 comes sooner than you like.

You're totally right. I didn't even catch the fact that the petition isn't even approved yet. So, yes, then free to leave.

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS processes~

[DaveNot 55]

Just to throw this out there. She could potentially take her exams in the USA. I'm doing such in August. it is down to the university she is currently attendeding.

[baron555 934]

How long does the whole process take after PoE and marraige to get her status adjusted so that she may leave the country and come back lawfully.

You mean to get the AP card?......about 3 months.

Also, if it's the case that she can't stay the full 3 months,

Then you both have to apply for a CR-1 Spousal Visa which takes about a year....so she'll be out of the US for about a year.

I understand there is a petition that you can apply for asking for permission to leave before the deadline and return.

I never heard of such.

Does anyone know anything about the timelines regarding this? (i.e processing times etc)

Maybe some folks so an INFOPASS meeting and can get their AP expedited. Probably less than 3 months.

It's so ironic that they denied her twice a tourist visa because they're afraid she won't leave, and here we have another problem because she needs to leave.

Yep

She doesn't want to piss away the 1 year she's already put in for this Masters degree.

Oh well, what's more important? I'm sure knowing UA that she can pay some consideration in the right place??!! Besides have you checked into how much of her education will count towards the same degree or license here in the US? Many EU folks have to take additional classes to satisfy that.

[MouadsWife 161]

Is a lie. You can leave. You just won't be permitted back into the country & will then have to file for a Spousal Visa to return. Basically, it's a horrible idea to leave for any reason without AP or the GC.

I believe it was obvious what was meant. He/she wasn't purposely lying. Was simply stating if left, you would not be able to walk right back in. The intent of the first sentence was to warn the person as to what can happen, which that person, and everyone else seemed to have understood,.... except for one. I wonder who that was???

[N&S 32]

From what I understand from your timeline you are still a ways out from receiving the visa (even if you got NOA2 tomorrow, it'll still take a little while before she would interview) and the visa once issues is valid for 6 months (i.e. she'll have to enter within 6 months of the visa being issues). Seeing that we're already in the middle of April, what might make sense would be for her to stay in the Ukraine until her exams in November are over, then come and join you in the US, get married, apply immediately for AOS + EAD/AP and AP should be easily issued before she needs to travel in June.

Good luck!

[nitsirk7562 82]

Yeah this is poor timing. But it might be doable. You'll probably get the NOA2 within the next 2-3 months. She can delay the medical and interview, get the visa and she has 6 months to enter. So have her come after November exams. Get married ASAP to apply for AP and she will have it in time to go back in June. Unless there's a Spring semester that she has to go back for. Then you're pretty much out of luck and might consider finishing her degree in the US or postponing it.

She has teaching in September, and then exams in November. Then in June 2016, she has 2 state exams and she gets her diploma.

FMLLLLLLLLLLLLLLLLLLLLLLLL