Traveling

[J&E221 0]

Hello so my girlfriend and I are in the process.  It I would like to know if there are any restrictions on travelin once visa approved. I.E. once visa is approved would she have to travel right away, is there any time limit. PLEASE HELP!!!

[geowrian 22,337]

Are you going for a K-1 or CR-1/IR-1? Your profile shows K-1, but this is posted in the CR-1/IR-1 forum.

 

The visa will have a validity period listed on it. It will be 6 months from the interview or the medical....whichever came first.

 

You can travel outside the US fine on either visa...it won't impact the ability to use the US visa.

For a K-1, it's single use, so you cannot use it to enter the US then leave until you marry, file for AOS + AP (+ EAD preferred) and get AP (or until you get the green card if that comes first). Doing so would abandon you AOS application and you likely would need to start over with a CR-1 visa.

For a CR-1, you get an I-551 stamp at POE and then are free to travel and re-enter using that (plus your passport) until your physical green card arrives in the mail.

[J&E221 0]

2 minutes ago, geowrian said:

Are you going for a K-1 or CR-1/IR-1? Your profile shows K-1, but this is posted in the CR-1/IR-1 forum.

 

The visa will have a validity period listed on it. It will be 6 months from the interview or the medical....whichever came first.

 

You can travel outside the US fine on either visa...it won't impact the ability to use the US visa.

For a K-1, it's single use, so you cannot use it to enter the US then leave until you marry, file for AOS + AP (+ EAD preferred) and get AP (or until you get the green card if that comes first). Doing so would abandon you AOS application and you likely would need to start over with a CR-1 visa.

For a CR-1, you get an I-551 stamp at POE and then are free to travel and re-enter using that (plus your passport) until your physical green card arrives in the mail.

THANK YOU! & we're going for the K1 

[Dutchster 1,107]

Scenario one; when the visa is approved, she had until the expiration date that is on the visa (six months from the date of the medical exam), to travel to the US and enter legally. 

Scenario two; When she is in the US, she cannot leave the country without returning, if you mean that kind of traveling, because she has no legal status as your wife or fiance as the K-1 visa is a one-time-entry visa. She will have to wait for Advance Parole to be approved and she can travel without problems. 

[J&E221 0]

1 minute ago, Dutchster said:

Scenario one; when the visa is approved, she had until the expiration date that is on the visa (six months from the date of the medical exam), to travel to the US and enter legally. 

Scenario two; When she is in the US, she cannot leave the country without returning, if you mean that kind of traveling, because she has no legal status as your wife or fiance as the K-1 visa is a one-time-entry visa. She will have to wait for Advance Parole to be approved and she can travel without problems. 

And the advance parole about how long does that take? Thing is she's in school. & wants to continue attending school over there. 

[geowrian 22,337]

9 minutes ago, Dutchster said:

she had until the expiration date that is on the visa (six months from the date of the medical exam)

In the vast majority of cases, yes. However, if somebody did not do the medical, or failed it, then they will get a 221g at the interview pending a clean medical. Once the clean medical is submitted, they will get the visa valid up to 6 months from the interview instead.

 

6 minutes ago, J&E221 said:

And the advance parole about how long does that take? Thing is she's in school. & wants to continue attending school over there. 

AP takes about 3-4 months from filing. You should file it concurrently with your AOS application (after getting married in the US).

 

Edit: How long would her schooling last? Advance Parole  (AP) is designed for short trips abroad...an extended stay (or multiple stays that cumulatively represent a long period) could jeopardize her ability to enter on AP as having abandoned her application for permanent residence.

Edited July 30, 2017 by geowrian

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration forum.