Can I leave the US after I got married?

[henne 0]

Hey, I am new to this web site as well. One of my friend who is going through the whole K1 visa deal, too, referred me to this web site and I must say its quite good.

Nevertheless, I have a question, for which I couldn't find an exact answer to.

If I, for instance, get married in the US in August, am I allowed to leave the country in September for just

two weeks to take care of some things in Germany, which I could not do prior to my wedding?

Do I need an Advance Parole or anything like this? Would be great if someone has an answer?

Edited April 3, 2007 by henne

[YuAndDan 153]

No, you first need to apply for AP (I-131) and have the re-entry permit in hand, if you don't you wont be able to return and will need to start over again and apply for a K-3 visa.

Also in the FAQ http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

Edited April 3, 2007 by YuAndDan

[henne 0]

No, you first need to apply for AP (I-131) and have the re-entry permit in hand, if you don't you wont be able to return and will need to start over again and apply for a K-3 visa.

Also in the FAQ http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

Thanks so much, that's what I thought. I just wasn't sure because my fiance called Immigration Services in Vermont before to get an answer on this topic. The lady said I wouldn't need anything (except for a valid passport), if I stayed abroad for only a couple of weeks. According to her, I would only need a re-entry permit if I visisted Germany for a longer time. So I was confused, I didn't know what to believe.

Have you gone through the process of getting an re-entry-permit and if so, how long did it take?

[Andy 2]

Thanks so much, that's what I thought. I just wasn't sure because my fiance called Immigration Services in Vermont before to get an answer on this topic. The lady said I wouldn't need anything (except for a valid passport), if I stayed abroad for only a couple of weeks. According to her, I would only need a re-entry permit if I visisted Germany for a longer time. So I was confused....

That's the problem with asking US immigration questions. They often don't know the answer, or they give an answer that is specific to one situation, not necessarily the one you're in where a small detail in the question can change the relevance or accuracy of the answer.

As a former K-1 holder you will need Advance Parole IN HAND at the time of departure from the US at any time between getting married and having your adjustment of status approved. If you don't have it, regardless of how long you stay outside the US or where you travel to, you have no lawful basis to be permitted re-entry to the US, so you'd have to start a new visa process based on a new petition for you as spouse rather than fiance(e).

[Carlawarla 1]

After your marriage in August, you apply for your Adjustment of Status, and if you wish, your Advanced Parole and Employment Authorization Document. There are perhaps changes coming (I'm unsure when it will take place), whereby when you apply for your AOS, you're automatically applying for your AP and EAD. Either way, you have to wait until you fill out those applications after marriage and wait until you receive your AP in hand, before leaving the country. Timelines are usually in the 3 month range, so I wouldn't suspect you'll be able to return to Germany until November or December.

Carla