Leaving the US after receiving the visa

[Tonton 0]

I did some searches and can't find an answer on here...although I am sure it is here. Once you have the fiance visa and come to the US, how long before someone can leave? I imagine you have to wait for the Green Card, but is there a way to leave earlier? I was reading something about advance parole. Can't you tell...I'm just confused

[YuAndDan 153]

First marry within the 90 days, then start the process of Adjustment of Status. While that is pending apply for Advance Parole (AP) using form I-131. AP can take about 90 days for USCIS to approve.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Rob and Melinda 0]

You have 2 years to leave and re enter the US from the date you first enter the US on the visa, assuming that you do get married within the 90 days required after entry.

Rob and Melinda

[jodee 30]

You have 2 years to leave and re enter the US from the date you first enter the US on the visa, assuming that you do get married within the 90 days required after entry.

Rob and Melinda

Ummmmm,...NO!

The k1 visa is a ONCE only entry visa.!! You can not do as the above stated!

After you arrive, and marry within the 90 days, you MUST lodge an AOS application. Sometimes, the AOS, can take over a year to process, depending on name check etc. It is advisable that you lodge an Advance Parole application, to be able to leave and re-enter the USA., at the same time as the AOS. This usually does not take as long to process, and you can sometimes if you have extenuating circumstances, ask for the AP to be rushed. But that all depends on the situation, and the Service Centre/Local office. That is not guaranteed!.

Do not leave the USA, without an AP, after you marry, ..otherwise you will be back to square one, and will have to reapply for a Visa, this time a K3.

Make sure once you get your AP, and do return home for a visit, you take some supporting evidence with you, like a copy of Marriage certificate,.., and anything else that will support your will to return to the states....thats not always needed, but cases previously, have shown having that was a good idea!!

JOdee

Edited March 12, 2007 by jodee

[jodee 30]

Just a side thought, what Rob and Melinda suggested may very well be true for a K3 visa, that he and his wife completed,but that I dont know for sure, as I have never dealt with a k3 visa, But it is definately NOT applicable for a K1, as you indicated you are doing. I am assuming you are doing a K1, because you mentioned fiance visa in your original post, and you have listed k1, in your description.

Regards,..

Jodee

Edited March 12, 2007 by jodee

[YuAndDan 153]

Just a side thought, what Rob and Melinda suggested may very well be true for a K3 visa, that he and his wife completed,but that I dont know for sure, as I have never dealt with a k3 visa, But it is definately NOT applicable for a K1, as you indicated you are doing. I am assuming you are doing a K1, because you mentioned fiance visa in your original post, and you have listed k1, in your description.

Regards,..

Jodee

Correct K-3 is a multi entry visa that allows leaving and re-entry multiple times during the 2 year validity of the I-94 in it. The K-1 is a 1 time use visa that allows only 1 entry and only 90 days on the I-94.

Also: AP can be expedited by doing an Info-pass appointment and proving an emergency exists that requires AP.

Edited March 12, 2007 by YuAndDan

[J&D_anon 0]

[Robee 0]

Yes the visa is only a one time entry!!! I know this from experience.