Travel/Timing K-1

[FrankEPatrick 1]

I am planning to be out of the USA October 2016 to July 2017 in a different country then my fiance.

We are currently waiting on a NOAA2.

If my fiancé is awarded a Visa; is it possible for her to enter the USA for us to get married say September, and for her to join me abroad, and then re-enter the US?

If the K-1 is awarded after I am abroad; should we come back to the US to get married? , and have her join me abroad? Will she be able to enter the US?

If it takes a year for the K-1 to arrive then the decision is really easy; but if it comes more quickly, then we need to decide.

[Georgia16 2,858]

No if she leaves then you'll have to fil a CR-1 visa.

[ch3john 308]

If she arrives on K1 and you get married, she will have to wait for AP which takes about 3 months

[Georgia16 2,858]

If she arrives on K1 and you get married, she will have to wait for AP which takes about 3 months

She can't be out of the country for almost a year on AP!

[KayDeeCee 4,893]

The K-1 is a one-time entry visa. Your plans will not work.

You should perhaps delay the process so that she comes into the US after you get back, after July 2017, then marry and proceed with the AOS, OR she can join you now and get married and file for a spousal visa instead.

If possible, she could enter in Sept., marry you and then apply for AOS. She could wait for AP(to visit with you while waiting for green card) or the green card to be approved before leaving the US to be with you. However, if she gets an interview, you must attend it with her. Of course she would need to feel comfortable staying in a new country alone for a bit while you are away.

[FrankEPatrick 1]

Any advice on how to balance the work-related journey, and the K-1 process?

KayCeeDee seems to have given the best advice so far.

Bottom line is that I need to go out of the country for work for a time which may begin before or after the K-1 visa becomes available; i want her to be able to enter the US with me at the conclusion of planned trip.

Preferably, I would like her to be in the US with me this summer; and then leave on planned trip with me, and then return with me.

Now the challenge with the trip is that it is difficult to acquire a visa to join me abroad without a legally recognized marriage, which is an issue for a different country

[KayDeeCee 4,893]

I am not sure if your situation would warrant an expedite, but you could always put one in and hope they approve it. The problem with her coming now and filing for AOS, is that AP takes 60-90+ days to receive, and after that, you both may have to return to attend an interview, if she should get one. You could always attempt again to expedite her AP, but not a given that they would approve it. And while there are no specific times stated for being outside the US and using AP to re-enter, it is typically used for shorter trips, and you are talking about being outside the US for 9 months.

You could go to her now, get married, file the I-130 to start the spousal visa process, and have her go with you on your trip while waiting for it to process. That one takes about a year, so seems to fit your timeline.

[FrankEPatrick 1]

the problem is that her country will not recognize the marriage.

It is a complicated situation

[p-ana 933]

Why not get her there, go to the country you have to work at, get married there and start the cr1? That way you could be together soon and during the process.

[FrankEPatrick 1]

Great suggestion; but how do I justify having her in my host country when she has no reason to be there but me?

A short term tourist visa is possible, we can get married in my host country, send her back home, and then partake in another waiting game followed by complications with the US visa process.

I am trying to find a path, and I appreciate the help. Thank you

.

[FrankEPatrick 1]

Thanks for the help; it seems like I have two choices depending on how things move; if it moves slower then anticipated then try to time the K-1 until after I am back in the US or if it moves faster then anticipated then she can apply for "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

words of advice are greatly appreciated....

[KayDeeCee 4,893]

You do not need proof of an emergency to get AP when filing for it as an adjustment applicant. No reason is needed at all when applying with your AOS submission. It is routinely granted to adjustment applicants. It takes months to receive unless you can get an expedite.

You would need proof of an emergency if you were applying for immediate emergency travel.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

[FrankEPatrick 1]

I expect that the whole issue in Turkey will delay things a little bit now. I received an RFE since the post; and I am expecting an NOAA2 soon, but not sure how much the unrest turkey will delay processing.

[Unlockable 7,314]

You can sorta-kinda control the timing of the K1 if you need more time. You can "sit on it" until your work assignment is up then start arranging appointments this time next year when you are close to returning. With careful planning you can both be in the US at the same time.