Leaving U.S. after AP has been filed K1

[pochemuchka 2]

Forgive me if this question has been asked before, I couldn't find anything.

Let me know if this is a scenario that can be done:

Fiance comes here on K1 visa, you get married, your spouse leaves the U.S. and goes back to their country after you file for AOS and AP work authorization. They continue to work at their job in their home country. Once the AP and work authorization come in - they come back to America after quitting their job in their home country and get a job here. Is this possible? Thanks!

[teeak 224]

They can't leave the country without received AP (Advanced Parole) first and you will receive it as a combo card with the EAD (work authorization).

Therefore, they'll have to wait until they received the EAD/AP combo card before they can travel but, at that point they'd have work authorization as well.

[_Paul&Jesica_ 70]

As already stated, you can't leave the country expecting to return with Advance Parole until the Advance Parole is approved. If you leave prior to receiving official AP, it will be assumed that residency was abandoned as the I-94 will show a departure prior to approval date and and you will need to secure another visa to return to the country.

From USCIS Blog:

Can I travel outside of the U.S. when my application for advance parole is pending?

If you travel outside the United States while your Form I-485 application is pending and you do not have a valid advance parole, your case may be denied for abandonment. There is a narrow exception for individuals maintaining certain nonimmigrant statuses.

http://blog.uscis.gov/2014/05/five-questions-about-advance-parole_9.html

[SunflowerSweet 1,321]

Yeah you should not leave the U.S. before getting approved for AP.

And even outside of that, I imagine that proving a bona fide marriage which you will need to do for AOS is going to be rather difficult if you aren't even in the same country..

[pochemuchka 2]

As already stated, you can't leave the country expecting to return with Advance Parole until the Advance Parole is approved. If you leave prior to receiving official AP, it will be assumed that residency was abandoned as the I-94 will show a departure prior to approval date and and you will need to secure another visa to return to the country.

From USCIS Blog:

Can I travel outside of the U.S. when my application for advance parole is pending?

If you travel outside the United States while your Form I-485 application is pending and you do not have a valid advance parole, your case may be denied for abandonment. There is a narrow exception for individuals maintaining certain nonimmigrant statuses.

http://blog.uscis.gov/2014/05/five-questions-about-advance-parole_9.html

Thank you for the response, I wasn't sure of this and that the I-94 would be affected. So thank you!

Yeah you should not leave the U.S. before getting approved for AP.

And even outside of that, I imagine that proving a bona fide marriage which you will need to do for AOS is going to be rather difficult if you aren't even in the same country..

How do people on CR-1 or K3 visas prove bona fide marraiges then?

[SunflowerSweet 1,321]

How do people on CR-1 or K3 visas prove bona fide marraiges then?

Those are entirely different processes that have different criteria. When you apply for a K-1 visa it's with the intent to immigrate and live in the United States with your new husband/wife.

[pochemuchka 2]

Those are entirely different processes that have different criteria. When you apply for a K-1 visa it's with the intent to immigrate and live in the United States with your new husband/wife.

Yes CR1 and K3 are different processes I hear ya, I just think that it is entirely possible to prove a bona fide marriage while living in different countries. And I got my answer to my hypothetical question. Thank you for your input.

[SunflowerSweet 1,321]

Yes CR1 and K3 are different processes I hear ya, I just think that it is entirely possible to prove a bona fide marriage while living in different countries. And I got my answer to my hypothetical question. Thank you for your input.

I've heard of people who have had issue proving it when they were living in different places within the same city. But yes it's irrelevant anyway since they should not leave until you at least have AP.

[KayDeeCee 4,896]

No, you cannot leave the US without the AP or green card in hand first. Simply applying is not enough.

As to proof of marriage/relationship: the only proof needed for your initial filing is a copy of the marriage certificate. IF you have an interview, then you would take proof of co-mingling finances and co-habitation. Many are approved when adjusting for a K-1 without an interview or providing any extra proof of marriage/relationship. You will however need all those things later for ROC. You will have to show proof of the valid marriage for the entire length of your marriage, so start saving that evidence.

[SunflowerSweet 1,321]

No, you cannot leave the US without the AP or green card in hand first. Simply applying is not enough.

As to proof of marriage/relationship: the only proof needed for your initial filing is a copy of the marriage certificate. IF you have an interview, then you would take proof of co-mingling finances and co-habitation. Many are approved when adjusting for a K-1 without an interview or providing any extra proof of marriage/relationship. You will however need all those things later for ROC. You will have to show proof of the valid marriage for the entire length of your marriage, so start saving that evidence.

Hm interesting. So most people don't have the interview? I guess VJ should update their guide then since it says most people do.

[KayDeeCee 4,896]

Hm interesting. So most people don't have the interview? I guess VJ should update their guide then since it says most people do.

Yes, those parts of the AOS guide are quite outdated, but at least all the forms listed are correct still. Cases where the interview is waived are not sent to the CSC any longer, and have not been for years. Most K-1 adjusters do not have an interview. About half or more do not. You can check out the AOS progress forum to see timelines and threads for interview waiver cases.

[Unidentified 2,930]

Hm interesting. So most people don't have the interview? I guess VJ should update their guide then since it says most people do.

Some do, some don't. Seems pretty random who gets to go to interview and who doesn't.