UK to US K-1 Visa - What happens after the K-1?

[tesselisa 0]

We haven't even sent in our I-129F form yet but are preparing to. However, a question came up that we need answered. After he comes here to the U.S. from the U.K. and we get married (assuming we are approved and everything goes smoothly) can he return home at all while we are waiting for the green card? Or does he have to stay here until that process is done, too?

[templeton 120]

Leaving the US during the Green Card process without Advance Parole is considered abandonment of the Green Card application.

However, once you're married and he applies for the Green Card, he should also apply for Employment Authorization and Advance Parole. Check the guides up top. There are no extra fees if they are all submitted at the same time.

Within 60-90 days of submission, the EAD/AP combo card should arrive, which will authorize him to work, and return to the US if he travels, while waiting for the Green Card.

[tesselisa 0]

Thank you SO much, templeton. Huge help.

[baron555 934]

We haven't even sent in our I-129F form yet but are preparing to. However, a question came up that we need answered. After he comes here to the U.S. from the U.K. and we get married (assuming we are approved and everything goes smoothly) can he return home at all while we are waiting for the green card? Or does he have to stay here until that process is done, too?

No, he needs the AP, about 3 months after filing AOS or the GC, about 5-8 months to be allowed back into the US.