Adjustment of Status and Leaving the US

[Sarah H 0]

Hi everyone, my fiancé and I are just beginning the K1 visa process and we are looking ahead at our timelines. I understand that upon entering the US, the K1 visa holder cannot leave the US until we are married and that once he files for an Adjustment of Status, he also should not leave until this is complete. This may be a silly question but is this also to say that he cannot leave between the time that we get married and the time he files for AoS? We ask because his brother is getting married in South Africa in June 2019, and I don’t foresee the entire process to green card being complete by then.

 

Any input would be much appreciated.

 

Thank you,

Sarah

[Roel 7,192]

K1 visa is one time use. 

You can't use it twice to enter. It became invalid after you enter the US. 

[JFH 12,190]

That's correct. He cannot leave the USA before filing AOS and AP. Well, he can leave but he don't be able to return without a spousal visa which takes 12-14 months to process.

 

If overseas travel is important, you want to consider marrying first and applying for a spouse visa. Under this arrangement he would be able to travel internationally from the day he arrives. He would also be able to work immediately, which is a bonus. 

[KazuriSana 324]

Include AP application in the AOS package, and he will be able to go for the wedding.

[Roel 7,192]

1 minute ago, BlessedAssurance said:

Include AP application in the AOS package, and he will be able to go for the wedding.

Possible, though AP takes forever these days. 

[KazuriSana 324]

Just now, Roel said:

Possible, though AP takes forever these days. 

Right, and taking into consideration that they are just starting the visa process, the AP option might not even figure in. The South Africa wedding is just 12 months away, which I doubt is sufficient time to complete the visa process and dispatch AOS off in time for an AP card!

 

What Dee elle said might be the best option, if the brother MUST be at that wedding.

[Sarah H 0]

Thank you very much for your replies, I have a lot to consider! So do I understand correctly that he also cannot work until the AOS has been approved or he applies and receives approval for an EAD which could both potentially take 5+ months?

[Roel 7,192]

7 minutes ago, Sarah H said:

Thank you very much for your replies, I have a lot to consider! So do I understand correctly that he also cannot work until the AOS has been approved or he applies and receives approval for an EAD which could both potentially take 5+ months?

Yes. EAD and AP takes anywhere from 3 to 6 months.  Whole AOS about a year. 

[Cyberfx1024 7,980]

7 hours ago, Sarah H said:

Thank you very much for your replies, I have a lot to consider! So do I understand correctly that he also cannot work until the AOS has been approved or he applies and receives approval for an EAD which could both potentially take 5+ months?

You are correct ma'am. If I were you and you chose the K1 visa route then I would file somewhere around September. But in all honesty I would go ahead get married and file for the CR-1 visa which is taking 12-14 months right now, but the beneficiary is allowed t work as soon as they arrive in the USA. 

[TNJ17 1,329]

Cannot leave, not should not, before AP or greencard in hand. AP is taking 4-6 months after getting married and filing for aos. Greencard is taking a year. If he leaves without AP he is abandoning his aos process and will have to apply for another visa to get back in the country. Can’t risk it.

[Jojo92122 1,924]

Consider filing now.  The K-1 visa process will take 6-12 months.  The visa will be valid for 6 months after the medical.  That's plenty of time for him to participate in the wedding, and then come to the US on the K-1.

 

[JFH 12,190]

7 hours ago, TNJ17 said:

Cannot leave, not should not, before AP or greencard in hand. 

Anyone can leave. It's coming back that's the problem. 

[TNJ17 1,329]

6 hours ago, JFH said:

Anyone can leave. It's coming back that's the problem. 

Yeah duh. 

[JFH 12,190]

1 minute ago, TNJ17 said:

Yeah duh. 

It may be obvious to you, but not necessarily to someone starting the process who is here on this forum for the first time. It's important that they know that it's not the leaving that causes problems, but trying to get back. Anyone is free to leave at any time (and this is useful for people who get here only to find themselves in toxic relationships or ones that just won't "work out"). 

[Sarah H 0]

Thanks everyone, your responses have been really helpful! It’s good to know the K1 visa is good for 6 months, for some reason I thought it was only 4. And this is from visa issuance meaning the actual issued date on the visa post interview and medical exams?

 

For the marriage CR-1 visa, I read somewhere that you have to apply for it in the US, is that correct? My fiancé and I live together in London.

 

Thank you!!