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julieana71

K1 Visa and Travel

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My now husband entered with a K1 Visa but we have not submitted his AOS yet because we just got married. The issue now is he has his own business in his country and needs to travel back to take care of some issues and is not sure if he can travel yet? Can he leave and come back with his K1 visa which hasn't expired?

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Filed: AOS (apr) Country: Kenya
Timeline

My now husband entered with a K1 Visa but we have not submitted his AOS yet because we just got married. The issue now is he has his own business in his country and needs to travel back to take care of some issues and is not sure if he can travel yet? Can he leave and come back with his K1 visa which hasn't expired?

The K-1 visa was cancelled when he arrived at the POE and replaced with a I-94 visa with a 90 day expiration.

Of course he can leave at any time, but if he doesn't have his AP or GC (all done by submitting the AOS packages) then he will not be allowed back into the US. Then you will have to apply for a CR-1 spousal visa which takes about a year to obtain.

So the short answer would be No. Don't do that.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Nope, sorry!

11/06: Husband EWI from Mexico
11/08: Started dating

11/11: Husband got deported
1/11/14: Got married
3/13/14-11/2/14:
I-130
1/26/15-3/17/15: NVC

5/28/15: INTERVIEW - denied

6/8/15: I-601/I-212 waivers received

11/17/15: I-601/I-212 waivers APPROVED

12/11/15: HUBBY HOME!! :dance:

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thanks everyone..I guess he will have to wait to submit the AOS and the shop will have to wait until he is able to travel.

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from AOS/Family-Based main forum to the Working & Traveling forum. ***

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(!).

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