Travel after K1 approval

[BananaButton5 175]

Background: I'm US petitioner, fiance is Canadian Beneficiary.  

 

It's my understanding that once my fiance's K1 visa is approved he has a one time entry into the US for us to marry. Then we will need to immediately file for his Adjustment of Status.  

 

His family has bought us both spots on a cruise with them in the Caribbean in February 2019. My concern is that if we are approved in late November/December 2018 (current projection barring any unfortunate circumstances) and marry right away we still won't have enough time to apply for Advanced Parole so that he can leave the country. I've seen wait times for AP approval estimated at up to 90 days.  

 

Secondary question about Advanced Parole, even if he was approved for AP in time to go on the cruise, is he guaranteed entry back into the US (even though technically the Caribbean is US territory? I'm assuming that since he isn't a U.S. citizen he would still need to use his passport to go. Since he's a Canadian citizen does he even need any sort of "visa" to enter the US again after the cruise anyway? 

 

I just need to figure this out while there is still time for his family to get their money back while they still can if we won't be able to go.

 

Thanks!

[Illiria 980]

You are right to worry, people have done this and refused entry if advance parole has not been obtained. A lot of cruises go through passport control even if not stopping elsewhere as they go through international or other countries waters. 

 

Once advance parole is obtained you do not need visa to get back into US, just the advance parole and passport of home country (this needs to be valid still). 

 

 

[RJandHamid 1,133]

AP processing time is currently around 3-5 months, but who knows what the processing times could be almost a year from now. I would imagine it would be about the same, unless there are some major changes at USCIS. 

 

I think that going on the cruise without AP is risky, are you certain that all of the stops on the cruise will be US territories? As mentioned above, cruises that go through international waters are often required to ask for visa/passport information. 

 

Assuming that he does receive AP on time, he shouldn't have any issues reentering the US using the advanced parole document. Even as a Canadian citizen, he would still need AP to travel in/out of the US. 

[TNJ17 1,329]

When did you file your 129f? Are you close to NOA2? Like some have said before me your K1 is voided at POE and you can no longer come and go until you have AP. You need a passport to travel to any country. After you get married and apply for AOS there is no more visa route to take. You just wait to AP, EAD and eventually GC in the mail. AP and EAD is currently taking 3-5 months after you apply for AOS which is after you arrive at POE and get married. Even if you are close to NOA2 I think that date might be pushing it. First thing you learn about K1 visas before applying is you shouldn’t make any plans whatsoever even if it’s way into the future. You never know how things will turn out. What you should do is get in touch with the travel agency and ask about the refund policy and ask for a refund right away because the longer you take the less chance you have of getting your money back. 

[TNJ17 1,329]

You will still be in international waters so a passport is required. 

[BananaButton5 175]

Thank you for all the replies. We have told his parents we won't be able to go on the cruise, I think it will be cutting it too close. They've agreed to postpone so we can all go together still, just later in the year! 

[KimchiLumpia 315]

A good rule of thumb when it comes to immigration/K1 Visas:  Don't buy your airline tickets, book your wedding hall, or make any major wedding or financial decisions until your Visa is in-hand.  This goes for EAD/AP as well.

There are tons of horror stories on VJ from couples that tried to cement plans based on the timelines of members here.

Good luck to you and yours!