Filing for AoS - K1 - Leaving US for vacation?

[londongal 17]

Hi all

Mister and I have finally filed our i-129f! Yay!

Hopefully it all goes smoothly, I just have one question though. Assuming I move out there around April/May next year - I need to come back to the UK for my Mum's 50th. I read somewhere I can do that whilst waiting for my adjustment of status as long as I request an advanced parole. Is this correct?

I just don't want to move out there and be stuck and then miss my Mum's big day as we've spent a lot of money and time planning it.

Thanks in advance for any advice!

[teeak 224]

Yep, when you file for adjustment of status after you get married, you'll complete an I-765 and I-131 which will get you the EAD/AP combo card letting you work and travel. I believe this card comes in about a month after you file your AOS paperwork.

[londongal 17]

Yep, when you file for adjustment of status after you get married, you'll complete an I-765 and I-131 which will get you the EAD/AP combo card letting you work and travel. I believe this card comes in about a month after you file your AOS paperwork.

That's such a relief! Thanks Teeak!

[TBoneTX 45,267]

*** Thread moved from K-1 Process forum to the "Working & Traveling" forum -- topic involves travel. ***

[Nich-Nick 3,354]

That's such a relief! Thanks Teeak!

It is actually 60-90 days after applying, not a month. Don't leave without the AP travel card or you will start all over with a spouse visa to come back. Could take a year to get a spouse visa. Tell Mum right now that your timeline is VERY unpredictable and you may or may not be there for her 50th. When is it? Edited September 22, 2015 by Nich-Nick

[londongal 17]

It is actually 60-90 days after applying, not a month. Don't leave without the AP travel card or you will start all over with a spouse visa to come back. Could take a year to get a spouse visa. Tell Mum right now that your timeline is VERY unpredictable and you may or may not be there for her 50th. When is it?

Oh my God. So wait. Do I need to wait 60-90 days after applying to get the AP card? I'm confused now :-( my mums 50th is on 1st July... I don't want to stick around in England for it though - if I get approved by say March or April? I just want to get to the U.S. As soon as I can & then come back for my mums 50th for say just a week?

[Nich-Nick 3,354]

You can't predict your timeline now. Yes there are averages for

Petition

Getting to NVC

Getting out of NVC to London

Waiting on letter from London

Getting medical and documents sorted

Waiting on interview letter from London

Waiting on visa return after interview

That is seven potential hold ups. What is happening today is no prediction it will still be that long when you get to the step. You really don't know for sure.

So say you get to the U.S. March 15. How long will it take to

Get married

Get certified marriage certificate back

Have $1070 to file (this does hold some people up so mentioning it)

Fill out three applications with supporting documentation (see my AOS list https://docs.google.com/document/d/1FIsgnb7Tfj7tcRNnqRMKUOXQdEfR6HTUDY2vX6zKqqU/mobilebasic?authkey=CNXN_oQH )

Can you do that in a month? So mail AOS April 15. You may get your advance parole between June 15 and July 15? You have too many variables to know for sure when anything will happen.

Here's the deal. A K1 visa is over the day you use it, so there is no re-entry on it should you leave the U.S. You could apply for a spouse visa to come back and get a greencard with that CR1visa.

If you apply for AOS and leave, your application is considered abandoned unless you get advance parole in your hand before you leave. You have nothing to renter the U.S. without AP. K1visa is void. AOS is thrown out for abandonment. All the money they cost as well.

If you get lucky with timelines, it will work. If not, then you miss the party.

[londongal 17]

Here's the deal. A K1 visa is over the day you use it, so there is no re-entry on it should you leave the U.S. You could apply for a spouse visa to come back and get a greencard with that CR1visa.

If you apply for AOS and leave, your application is considered abandoned unless you get advance parole in your hand before you leave. You have nothing to renter the U.S. without AP. K1visa is void. AOS is thrown out for abandonment. All the money they cost as well.

If you get lucky with timelines, it will work. If not, then you miss the party.

I'm really glad I asked the question on here - so just to clarify... If I was to file for the AoS without requesting the AP... I would not be allowed to leave the US until when....?!

[Nich-Nick 3,354]

I'm really glad I asked the question on here - so just to clarify... If I was to file for the AoS without requesting the AP... I would not be allowed to leave the US until when....?!

The U.S. does not hold your prisoner. You may leave any time, but all your immigration efforts would be voided. You can start over when you are ready to return.

If you filed for AOS, you are applying for a greencard which makes you a permanent resident. When the AOS is approved, you have a greencard that allows your admission to the U.S. after a trip abroad. That could take six months or as long as a year.

The AP and EAD (work authorization) are free applications when sent along with AOS and are going to be approved quicker than the greencard. The EAD will allow you to work and the AP will allow you to reenter the U.S. while your greencard is pending.