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swhang

Traveling outside the U.S. after entering with K-1 Visa

By swhang in Working & Traveling During US Immigration

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swhang Rookie

swhang   8

Posted
Filed: K-1 Visa Country: South Korea
 Timeline
Posted

Hi all,

 

I recently received the NOA2 (4.5 months from initial submission) a lot faster than originally thought and therefore, making us adjust our plans. 

 

After entering the U.S. on an approval K-1, are there are travel restrictions to go outside the U.S.?

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

If you leave the US without AP or a green card, you will be deemed to have abandoned the immigration process.

 

Currently, it takes about 5-6 months to get AP after filing for AOS based on marriage to a US citizen. 

 

In addition, you can not legally work until you get your EAD.  EAD comes on the same card as AP, so it's 5-6 months of waiting after filing for AOS.

 

Edited by aaron2020
Boiler Grand Master

Boiler   45,911

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The restrictions are about coming in, you will not be stopped leaving.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,911

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
1 minute ago, swhang said:

Hmm... the first response and the second response are conflicting. One says you can't until AP / Green card and the other says no restrictions. Argh... confused. 

He is talking about what happens if you leave, nowhere does he say you can not.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

ThomasNC1988 Rising Star

ThomasNC1988   762

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted (edited)

You can easily delay your visa interview if you do not want to have it too soon.

Edit: To answer your question, you can always leave, but if you leave without AP or a GC you have to start over with a new visa process.

Edited by ThomasNC1988
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

K1 is a single entry visa. No restrictions on leaving US but implications while returning back like...

1. Leave US before marriage: K1 visa and approved fiance petition no longer usable. Need to start new petition to enter US.

2. Leave US after marriage before filing AOS: Need to petition for CR1 to enter US

3. Leave US after marriage and after filing for AOS but before AP approval: AOS is considered abandoned, so CR1 to enter US.

4. Leave US with AP: can enter US

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

C90 Rising Star

C90   376

Posted
Filed: AOS (apr) Country: Netherlands
 Timeline
Posted
3 hours ago, swhang said:

Hmm... the first response and the second response are conflicting. One says you can't until AP / Green card and the other says no restrictions. Argh... confused. 

They don't care if you leave after entering on K1, coming back is the problem. They'll deny you entry and you have to start I-130 (spousal visa) at that point. That's what @Boiler ment lol.

 

Please educate yourself on the process after entering on K1. One mistake (like leaving without AP or marrying outside the 90 days) could cost you your AOS and a lot of money. Read the guides here on VJ and the instructions on the USCIS website.

Ontarkie Grand Master

Ontarkie   14,378

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to Working and Traveling, from K1 P&P - The OP is asking about Traveling after entry on a K1~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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