Trying to Travel

[pm36 0]

Hi,

 

My wife and I got married in March using the K1 visa and immediately filed for the Adjustment of Status (I-485), EAD (I-765), and Travel (I-131) all together as outlined here: http://www.visajourney.com/content/k1k3aos.    She has already done the biometric as well, but so far she has not received any of the three documents.

 

I have planned for our honeymoon in Hawaii for July and I just want to know, is she allowed to go?  As far as I understand, if you have a case pending you should not "leave" the US, but Hawaii is technically part of the US so it should be okay to travel domestically, no?  If she is allowed to travel, what documents can she take with her?  Her K1 visa that she used to enter the country is now expired and probably not relevant since we've already married.

 

I already tried asking USCIS but they basically were not sure so that is why I'm hoping maybe I can find my answer here

 

Thank you

Edited June 27, 2017 by pm36

[Ben&Zian 4,398]

Hawaii is fine. Just take all her identification, NOA1 for I-485 and marriage certificate in case. Just don't have some weird out of country layover, try for non-stop to Honolulu and again should be just fine without the AP. AP is merely for leaving the country itself.

[Cyberfx1024 7,980]

44 minutes ago, Ben&Zian said:

Hawaii is fine. Just take all her identification, NOA1 for I-485 and marriage certificate in case. Just don't have some weird out of country layover, try for non-stop to Honolulu and again should be just fine without the AP. AP is merely for leaving the country itself.

You did look at the city that they are posting from right? There is no layover from SFO to Hawai at all unless you want to float in the ocean. 

[Cyberfx1024 7,980]

1 hour ago, pm36 said:

Hi,

 

My wife and I got married in March using the K1 visa and immediately filed for the Adjustment of Status (I-485), EAD (I-765), and Travel (I-131) all together as outlined here: http://www.visajourney.com/content/k1k3aos.    She has already done the biometric as well, but so far she has not received any of the three documents.

 

I have planned for our honeymoon in Hawaii for July and I just want to know, is she allowed to go?  As far as I understand, if you have a case pending you should not "leave" the US, but Hawaii is technically part of the US so it should be okay to travel domestically, no?  If she is allowed to travel, what documents can she take with her?  Her K1 visa that she used to enter the country is now expired and probably not relevant since we've already married.

 

I already tried asking USCIS but they basically were not sure so that is why I'm hoping maybe I can find my answer here

 

Thank you

As long as you don't leave the country without the AP then you are fine. I see that your local office is San Francisco, so you will be flying out of SFO to Hawai. That route is completely in the USA so there is no problem at all when flying domestically. 

[Ben&Zian 4,398]

2 minutes ago, cyberfx1024 said:

You did look at the city that they are posting from right? There is no layover from SFO to Hawai at all unless you want to float in the ocean. 

 Hey people take some weird flight options for cheaper tickets. Trust me I've seen some backwards flights that cost less than non-stop shorter ones so. Anything is possible.

[pm362 0]

22 hours ago, cyberfx1024 said:

As long as you don't leave the country without the AP then you are fine. I see that your local office is San Francisco, so you will be flying out of SFO to Hawai. That route is completely in the USA so there is no problem at all when flying domestically. 

Sorry for the late reply, I was having account issues!

 

Another question I have is, her parents have started planning for a wedding ceremony back in China for us to celebrate with her side of the family.  If by that time she still has not received her Green Card or Travel document, is there a way she could request a couple weeks to fly to China then come back?  Maybe some kind of "temporary request to travel abroad while case is pending" pass? Or is she literally just stuck here?

 

And by the way, what does AP stand for?  I've tried thinking of possible combinations but none come to mind  

[Unlockable 7,315]

18 minutes ago, pm362 said:

Sorry for the late reply, I was having account issues!

 

Another question I have is, her parents have started planning for a wedding ceremony back in China for us to celebrate with her side of the family.  If by that time she still has not received her Green Card or Travel document, is there a way she could request a couple weeks to fly to China then come back?  Maybe some kind of "temporary request to travel abroad while case is pending" pass? Or is she literally just stuck here?

 

And by the way, what does AP stand for?  I've tried thinking of possible combinations but none come to mind  

Nope. If she leaves to go back home she will not be let back into the US without either a Green Card or AP. She will have abandoned her AOS and you will have to apply for a spousal visa which would take a year. The "temporary to travel abroad" you speak of IS the AP. AP stands for advanced Parole. It is authorization for the immigrant to leave the US for short periods of time and allows them to reenter the US until they become a permanent resident.

 

This is one of the big downfalls of the K1. Yes, they are here sooner but then they are in limbo for a few months and aren't authorized to do things like work or travel abroad.