Traveling while in process for GC

[Eira 0]

Hi!

I'm sorry if this question has been asked a thousand times.

While on a K1 visa, and in the process for a green card - do I have to be in the states during the GC process or is it possible to work in Europe while waiting for it to go through?

[Ben&Zian 4,398]

~Moved to Adjustment of Status Case Filing and Progress Reports~

 

This could also go into general discussion..

 

You aren't here on a K-1 visa techically, once you entered the country the K-1 was voided and you were legally present on your I-94.

 

As to your question, when did you apply for AOS?

 

Did you apply for EAD and AP along with the I-485? EAD is work permit, and AP is advanced parole.

 

If you don't have AP you can't leave the country, if you do you won't be allowed back in.

 

[Cyberfx1024 7,980]

16 minutes ago, Eira said:

Hi!

I'm sorry if this question has been asked a thousand times.

While on a K1 visa, and in the process for a green card - do I have to be in the states during the GC process or is it possible to work in Europe while waiting for it to go through?

The key question is have your already filed for your gc and when, did you file for AP at the same time as you filed for the GC?

[Roel 7,193]

Even AP is not meant to be used to go back to your country and work.. You're trying to become US resident so you should be looking for work there. If you can't stand not doing anything for couple of months then you should have applied for the spouse visa. 

 

As I understand APs are for short trips outside of the US. 

 

If you leave US before you receive your AP or green card then your AOS will be considered abandoned and denied. 

[geowrian 22,338]

You either need AP or a green card before you can leave and be re-admitted. AP can be filed for concurrently with AOS, or filed afterwards while AOS is still pending. ETA: ~4 months.

The other potential issue is establishing residency abroad. Be careful not to make it seem like you are living abroad...AP is for temporary travel abroad. Admittance on AP is always at the discretion of the CBP officer.

[Eira 0]

Hi, I'm sorry.... new here

 

I have not applied for K1 visa yet, but if I have understood correctly I can not apply for green card until after I have gotten my k1 and married. So that would mean that there are a couple of months while waiting for the GC that I am unable to work in the states. So I'm just trying to figure out if it is possible for me to work back in europe during that time - or if I have to stay within the stats

[Eira 0]

4 minutes ago, Roel said:

Even AP is not meant to be used to go back to your country and work.. You're trying to become US resident so you should be looking for work there. If you can't stand not doing anything for couple of months then you should have applied for the spouse visa. 

 

As I understand APs are for short trips outside of the US. 

 

If you leave US before you receive your AP or green card then your AOS will be considered abandoned and denied. 

Thank you for your reply, that answers it

[Roel 7,193]

1 minute ago, Eira said:

Hi, I'm sorry.... new here

 

I have not applied for K1 visa yet, but if I have understood correctly I can not apply for green card until after I have gotten my k1 and married. So that would mean that there are a couple of months while waiting for the GC that I am unable to work in the states. So I'm just trying to figure out if it is possible for me to work back in europe during that time - or if I have to stay within the stats

Generally speaking you should stay. It's only 3 to 4 months waiting time for the work permit (after you get married and send out aos). It's not a big deal. 

 

 

[geowrian 22,338]

6 minutes ago, Eira said:

Hi, I'm sorry.... new here

 

I have not applied for K1 visa yet, but if I have understood correctly I can not apply for green card until after I have gotten my k1 and married. So that would mean that there are a couple of months while waiting for the GC that I am unable to work in the states. So I'm just trying to figure out if it is possible for me to work back in europe during that time - or if I have to stay within the stats

Welcome!

 

Correct. If working or traveling abroad right away is important for you, then you should marry and apply for a CR-1 visa instead. That will grant LPR status (and a physical green card shortly afterwards) upon entry.