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Posted

Hello!

My fiancé recently got improved for his K1 Visa! We are planning his flight sometime in April, as it expires in June. After the AOS is processed and approved, will he be able to travel back to England to work a few months then come back to live with me?

What can we and cannot do? How long does the process take?

Thank you!

Posted

The process takes quite a long time, 6 months to a year. You could check the timelines to see what its running now for where you live. But you can also apply for the EAP and AP, which usually come within 90 days. The AP (Advanced Parole) will allow him to travel out of the country. He should be ready to return at any time just in case he's called for an interview. He should not stay out more than 6 months though.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Posted

Hello!

My fiancé recently got improved for his K1 Visa! We are planning his flight sometime in April, as it expires in June. After the AOS is processed and approved, will he be able to travel back to England to work a few months then come back to live with me?

What can we and cannot do? How long does the process take?

Thank you!

Please note that the timeframe of coming to the U.S. is dependent on when the medical expires and not when the K1 visa expires. It's very confusing since I've seen it on countless places on VJ and the internet that you must travel here within 6 months of your K1 visa being issued, but we were informed that it was actually 6 months from the date of the medical exam.

I second the above poster. He should not go back to the UK without filing for AP, which is usually done at the same time as you file for EAD and AOS. Check processing times on VJ for more specific information--it all depends on where your local immigration office is and how long they take.

K1 Visa

 

Service Center : California Service Center
Transferred? No
☑I-129F Sent : 03-10-15
☑NOA1 : 03-20-15
☑NOA2 : 04-07-15
☑Received NOA2 hardcopy: 04-11-15
NVC received: 04-24-15
NVC Assigns Case #: 04-27-15
☑Case sent to embassy: 05-04-15
☑Embassy Packet 3 sent: 05-19-15
☑Medical: 07-03-15 and 09-07-15 (did two medicals to ensure fiance had enough time to get to U.S.)
☑Interview: 07-30-15
☑Visa Issued: 09-22-15!!!! [:thumbs:]

K1 OVERALL: NO RFE and NO LAWYER!
--------------------------------------------------------

POE TO GREEN CARD

 

Fiance arrived in USA (POE @ Boston Logan)!!!: 01-31-2016 :D
Court Marriage: 02-04-16
Sent AOS, EAD, AP Packet: 02-25-16 :dance:

Packet Delivered via USPS Priority & Certified: 02-27-16

Check cashed by USCIS: 03-03-16

NOA1's by text (x3): 03-03-16

NOA1 Hardcopies via Mail (x3): 03-07-16

Biometric Appt. Letter Received: 03-18-16 (scheduled for 03/31/16, Raleigh, NC)

Biometrics Appointment: 03-31-16; Raleigh, NC

☑"My Interview is Scheduled" Status Change: 04-12-16

Received hardcopy of Interview Notice: 04-16-16

EAD/AP Approval by Email: 04-26-16

I797 Approval Notice for EAD and AP: 04-30-16

Green Card Interview: 05-18-16; (APPROVED ON THE SPOT!) :D

I797 Approval Notice for Green Card: 05-23-16

Conditional Green Card Received!: 05-26-16 :dancing:

GC OVERALL: NO RFE and NO LAWYER!

--------------------------------------------------------

ROC OVERALL: NO RFE and NO LAWYER!

"120 days out" letter: 01-24-18 ☑ Submitted ROC: 03-10-18 ☑ Package delivered: 03-14-18 ☑ Waived Biometrics: 05-08-18 ☑ Interview Date Set for 05/23/19: 05-07-19 (automatic approval!) Card Received:

--------------------------------------------------------

N400 OVERALL: NO RFE and NO LAWYER!

Filing Date: 03/16/2019 NOA1: 03/16/2019 Biometrics Walk-In: 03/28/19 (originally scheduled for 04/08/19) ☑ Interview Date Set for 05/23/19: 04/18/19 (automatic approval!) Oath Ceremony: 07/17/19

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted (edited)

~Moved from K1 Progress to Fam.-based AOS Forum~

~Inquiry about AOS-related processes~

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Posted

The process takes quite a long time, 6 months to a year. You could check the timelines to see what its running now for where you live. But you can also apply for the EAP and AP, which usually come within 90 days. The AP (Advanced Parole) will allow him to travel out of the country. He should be ready to return at any time just in case he's called for an interview. He should not stay out more than 6 months though.

Thank you for the insight, we will definitely apply for the AP and look into other timelines.

Please note that the timeframe of coming to the U.S. is dependent on when the medical expires and not when the K1 visa expires. It's very confusing since I've seen it on countless places on VJ and the internet that you must travel here within 6 months of your K1 visa being issued, but we were informed that it was actually 6 months from the date of the medical exam.

I second the above poster. He should not go back to the UK without filing for AP, which is usually done at the same time as you file for EAD and AOS. Check processing times on VJ for more specific information--it all depends on where your local immigration office is and how long they take.

Oh, it is like that. He did his medical in December 2015, so I think we'll be okay. Thank you again for the advice!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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