Once we are married, how long till my fiancee can go visit her country?

[Barry and Lynn 1]

How long is she required to stay in the US after we have gotten married, and is there a time limit on her visit?

[Crazy Cat 41,919]

After entering the US on a K-1 visa, the fiance must marry and file for Adjustment of Status within 90 days.  At the time of filing for AOS, the fiance would also file for Advance Parole and work authorization (EAD).  The then spouse can not leave and re-enter the US until she received approved Advance Parole which currently takes about 100 days on average......after filing.

 

Leaving the US prior to receiving approved Advance Parole will result in denial of entry to the US upon her return.

[JFH 12,190]

She can leave at any time. Leaving is not the issue. It's coming back that's the problem. She needs to have either her green card or AP card in hand before she can leave and be able to return. If she leaves before that point, she won't be able to come back to stay without first going through the 14-month process for an immigrant visa.

 

After marriage you file for adjustment of status. File for AP at the same time. This takes around 4 months to be processed. 

 

If international travel soon after her arrival is necessary or important to her, consider marrying first and filing for a spouse visa. Under this arrangement she can leave and return any time she needs to/wants to. 

 

[Unlockable 7,314]

This all depends on when you file adjustment of status. Even if you get married within the 90 days it will not give her authorization to reenter the US if she leaves. 

 

Like already mentioned, she should file EAD and AP at the same time she files for AoS. AP (I-131) is the travel authorization you are asking about.

 

The process for AP is currently taking 3-5 months after filing. Green cards are taking roughly 1 year. So it will be a while before she can leave again.

 

As for your other question about how long she can stay in her home country. Being a permanent resident has a requirement to reside in the US. She can certainly visit her country for some time but if it is going to be more than a year then it would pose problems.

 

Lastly, I encourage you to study the entire process from start to finish. The last thing you want to done is go through this process blindly. We have seen too many times where people get to a step and then say “what next” only to realize they are not prepared for the next step. You should have knowledge of what is going to happen and what needs to happen well before each step. Including costs associated with these steps. 

 

Here red are the guides to help you.

http://www.visajourney.com/content/guides/

[Roel 7,192]

Let's just say she won't be leaving US any time soon. If traveling was important to her, you guys should have go with spouse visa instead. 

 

Pretty much others already said it all. After you get married, you file AOS with travel and work permit forms and in about 4 to 6 months, once she car travel permit in hand - she can leave. 

[dwheels76 5,468]

12 hours ago, missileman said:

After entering the US on a K-1 visa, the fiance must marry and file for Adjustment of Status within 90 days.  At the time of filing for AOS, the fiance would also file for Advance Parole and work authorization (EAD).  The then spouse can not leave and re-enter the US until she received approved Advance Parole which currently takes about 100 days on average......after filing.

 

Leaving the US prior to receiving approved Advance Parole will result in denial of entry to the US upon her return.

They are only required to marry within 90 days not file for Adjustment of status. But of course the sooner the better.

[MLR14 37]

60-90 days after applying for adjustment of status including advanced perole. 

[Dashinka 24,527]

37 minutes ago, MLR14 said:

60-90 days after applying for adjustment of status including advanced perole. 

Possibly longer.  I haven’t followed the time lines for APs lately, but a while ago it was taking 4-6 months just to get that.