Emergency Advance Parole & Wedding on K1

[Pennycat 880]

How do you cancel a K1? Wouldn't this be a problem since we already mailed our application and still intend to marry? Does it cost? How long will it take? Will my next journey (if i travel on ESTA and marry) be affected by it?

Let's pretend i continue on this path. I get married and apply for AOS and AP. I noticed that on the AP form there's a question that states like "how many days do you need"... can I wirte 365 or is that too much? should I just write 5/6 months worth of days and then return and wait for my AOS (considering it may be issued in the meantime)? and I have doubts regarding the multiple entries... are visits to the husband considered in the multiple entries? My fiancè cannot travel that much due to his job, so I would be the one who visits.

Thanks to all for your replies I feel more calm. I'm gonna try and talk to my school when I receive my NOA2 so I can have a better idea of when the wedding would take place.

Or just cancel the K1 once I figure out how and what the consequences are.

It doesn't cost anything-- I think it's just a matter of writing USCIS (not sure, I can dig around a bit). I am almost positive that the next trip on ESTA won't be affected but please do check (I have no experience with ESTA, I'm a US citizen and my husband is from a non-VWP country)-- check with the ESTA guidelines themselves, and folks from other VWP countries.

I think that waiting for AOS out of the country (which is basically what you'd be doing) is probably a pretty bad idea. AP isn't meant to be used to stay out of the country for a full year. That may even be prohibited-- to keep a green card, you can't stay out of the US for more than 6 months per year. You'd be leaving for more than that before you even get the green card.

If you're wanting to wait for your green card abroad (which is essentially what you're wanting to do at this point-- your game has changed a bit because of the school issue)-- that is exactly what a spouse visa is. Spouse visa is green card on arrival-- no AOS needed. It is STILL cheaper than the K1 process (even after abandoning the $340 you paid for the K1). You can visit on ESTA while waiting for the spouse visa to process.

[Andrea&Henry 311]

If you have the AP is because you are done with the biometrics. so your only real concern is having an interview for your greencard, but because you are adjusting base on a k1 visa, you might be to have your interview waived and just get the green card on the mail. A bunch of k1 visa holder gets their AOS interview waived just like my case

[baron555 934]

If you have the AP is because you are done with the biometrics. so your only real concern is having an interview for your greencard, but because you are adjusting base on a k1 visa, you might be to have your interview waived and just get the green card on the mail. A bunch of k1 visa holder gets their AOS interview waived just like my case

My wife was out of the country when her GC was received.

[poia 0]

So let's say I go on with the K1 then apply for AOS EAD and AP right away. If I write down 180 days for the AP would that be OK? It would be only three months (or four months at the max). I can bring documentation that I need to go back and maybe make it a single entry. And after GC is approved I will be able to move freely right? If I come from a k1 I would technically just required to take the biometrics and no interview (probably.. So some of you said, I understand it's a random thing). If we file with a sponsor for the support will it make the process longer?

[baron555 934]

So let's say I go on with the K1 then apply for AOS EAD and AP right away. If I write down 180 days for the AP would that be OK?

Doesn't really matter. They don't check up on what you put and what you do.

It would be only three months (or four months at the max). I can bring documentation that I need to go back and maybe make it a single entry.

Won't be needed.

And after GC is approved I will be able to move freely right?

Yes with your GC.

If I come from a k1 I would technically just required to take the biometrics and no interview (probably.. So some of you said, I understand it's a random thing).

Yes. Worst case is you get called for the interview and you would have to cancel and reschedule. The AP is only good for one year.

If we file with a sponsor for the support will it make the process longer?

No

[p1nkmamba 18]

As someone else as mentioned before, it is entirely possible for you to just delay your entry and marriage until you are done. It would not be the ideal situation, but is an option.You have 4 months from I-129F approval to do the interview, however, your consulate may grant an extension of up to another 4 months. Then you have 6 months from your interview to enter.

Our I-129F approval happened in July. His interview wasn't until Dec 17.

[caliliving 606]

Why dont you just get married now, and apply for the CR1? Instead of going K1?

[Anh map 2,098]

Stop payment on the I-129F check (this is done at the US bank where the check was drawn). USCIS will send back the entire package that was submitted. There is no record of any petition being filed.

Travel to the US and marry during the summer as you've planned.

File the I-130 spouse petition after marriage. Return home to complete your studies.

The spouse visa interview will occur during that time period. When school is complete, move to the US.

The spouse petition gets you a green card when you arrive. No worries about adjustment of status, etc.

[caliliving 606]

Stop payment on the I-129F check (this is done at the US bank where the check was drawn). USCIS will send back the entire package that was submitted. There is no record of any petition being filed.

Travel to the US and marry during the summer as you've planned.

File the I-130 spouse petition after marriage. Return home to complete your studies.

The spouse visa interview will occur during that time period. When school is complete, move to the US.

The spouse petition gets you a green card when you arrive. No worries about adjustment of status, etc.

Exactly my thoughts!! I think some people are unaware they can get married and then file? some people think K1 is the only way that leads to getting permanent residency through marriage! IMO CR1 is a MUCH better approach for the majority of couples especially those coming from VWP countries.

[Transborderwife 4,666]

You cannot enter with intention to stay and adjust

[caliliving 606]

You cannot enter with intention to stay and adjust

I never said enter and adjust.. i said get married in your country and then apply for the CR1 and wait the year out and do your schooling/work.

However, most VWP people can visit america during that time anyways (same with canadians). If you have a good job or are in school it makes sense to do that so when you come to america you have your greencard and can work right away.

[Transborderwife 4,666]

I never said enter and adjust.. i said get married in your country and then apply for the CR1 and wait the year out and do your schooling/work.

However, most VWP people can visit america during that time anyways (same with canadians). If you have a good job or are in school it makes sense to do that so when you come to america you have your greencard and can work right away.

Wasn't in response to you but the last post on first page