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Filed: Other Timeline
Posted

Hi everyone,

My fiance got a K1 Visa (yay- thanks to VJ) - anyway we travel to the US next month however in El Salvador (where we both live, I am the petitioner but live here too) we have a business together. We can leave it with someone else in charge for 3-4 months while we get AP however we will need to travel while AOS is being processed.

If we get AP approved, what are the limits of usage? For example... while the AOS is being processed my fiance will not have a status (right? The K1 expires once we enter...) - so if we need to travel lets say one week every month, can we do that with the AP? Will my Fiance be allowed back in and if so would it be a problem with repeat entries and exits for short periods while the AOS is being processed?

Thanks everyone

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)

Her official status (with I-485 pending) is "applicant for adjustment" -- or, more concisely, "adjustment applicant."

Readmission to the U.S. by means of AP is at the discretion of the CBP at the POE. Multiple trips might raise their eyebrows after a certain point. It will be crucial that she carry these with her on every trip:

-- AP card or document

-- passport with used K-1 visa in it

-- copy of marriage certificate (duplicate original is nice to have)

-- copy of NOA1 for I-485, or at least a copy of your cover-letter for that application

Others here will have additional input.

---

Edited to add: See here:

http://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/#entry7784682

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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