When can my spouse leave the country?

[DancerGirl18 0]

After you are married, does my spouse (from U.K.) have to stay in the US for a period of time? We just wanted to do a reception in the UK as well after our US wedding.

[Catalina Cuqui 17]

If she entered with a K1 visa, then she has to apply for AOS within the 90 days of her entry.

While AOS is being processed she CANNOT leave the USA (unless she applies for Advance Parole), or USCIS will assume she abandoned her AOS petition, and she won't be allowed back in the USA.

Even if she applies and travels with Advanced Parole, there is still a chance the POE officer won't let her entry again (as final word depends on them).

Be careful about leaving the USA before she has her green card. I wouldn't do it unless it was an emergency. The wedding can wait.

[Unlockable 7,315]

If she entered with a K1 visa, then she has to apply for AOS within the 90 days of her entry. Correction: The 90 days is to get MARRIED after entering on a K1. AOS can happen anytime afterwards but it is highly suggested that it is done immediately because the immigrant does not have a residential status.

While AOS is being processed she CANNOT leave the USA (unless she applies for Advance Parole), or USCIS will assume she abandoned her AOS petition, and she won't be allowed back in the USA.

Even if she applies and travels with Advanced Parole, there is still a chance the POE officer won't let her entry again (as final word depends on them).

Be careful about leaving the USA before she has her green card. I wouldn't do it unless it was an emergency. The wedding can wait.

DancerGirl,

Just getting married doesn't make an immigrant a permanent resident. That is why they must apply for Adjustment of Status (AOS) and the process can take 3 - 6 months (or more in some cases). and cost $1070. It is suggested that the immigrant applies for AP (authorization to travel abroad) and EAD (employment authorization) at the same time as AOS so the immigrant can work and travel while their AOS case is being worked on. If the immigrant leaves BEFORE obtaining Advanced Parole or a Green Card then they would not be allowed to reenter until their spouse files and complete a spousal visa which could take a year.

Please use the guides to educate yourself on ALL processes regarding immigration for your spouse. This will help you be prepared.

Also, please fill in your timeline.

Edited October 28, 2016 by NuestraUnion

[Penguin_ie 5,996]

***** Moving from K1 to Travelling During US Immigration forum *******

[Dashinka 24,726]

Follow the guide for adjusting status from a K1 visa after marriage (link below). If filing for the advanced parole (form I131) you do not have to provide any detailed travel plans. Generally, K1s filing the AOS along with the EAD and AP get the EAD/AP combo card in 90 days or so. Your wife can travel internationally on the AP, but it is advised to keep those trips short and flexible as the GC process is still processing, and you may need to be back for an interview.

Good Luck!

http://www.visajourney.com/content/k1k3aos