Do I need a 2 way ticket?

[InquimmwFraserYo 25]

Will the immigration officers on the POE will be ok if I have a 1-way ticket or do I need a 2-way ticket to enter the U.S with a K-1 visa?

 

Thank you

[JFH 12,190]

One-way ticket is fine. Buy the best ticket for your budget.

Edited August 3, 2019 by JFH

[JFH 12,190]

*~*~*moved from “K-1 fiancé visa process and procedures” to “moving to the US”*~*~*

[Letspaintcookies 2,310]

3 minutes ago, Béchameloo said:

Will the immigration officers on the POE will be ok if I have a 1-way ticket or do I need a 2-way ticket to enter the U.S with a K-1 visa?

 

Thank you

Nobody expects you to leave again when entering with a K1 so one way is fine. 

Still, two- way tickets can be cheaper. Get whatever fits 

[Loren Y 2,755]

Go with whatever is cheaper. They didn't even ask to see out tickets at POE.

[DaveAndAnastasia 2,092]

… but if you do get a round-trip ticket, make sure to cancel the return trip or schedule it far enough in the future that USCIS doesn't think you've gone back without AP.

[Daphne . 1,866]

21 hours ago, Béchameloo said:

Will the immigration officers on the POE will be ok if I have a 1-way ticket or do I need a 2-way ticket to enter the U.S with a K-1 visa?

 

Thank you

Why would you think it would not be okay to have a oneway ticket? It is obvious when entering on a K1, the point is to stay?

But, returntickets are cheaper in general so I would look into that if I were you.

 

[SmallTownPA 72]

On 8/3/2019 at 4:59 PM, DaveAndAnastasia said:

… but if you do get a round-trip ticket, make sure to cancel the return trip or schedule it far enough in the future that USCIS doesn't think you've gone back without AP.

Why do you think USCIS has any idea of your ticket purchases?  USCIS is no ICE or CBP (the fine folks that do the inspections at airports) nor does USICS care if you leave without AP, they never see you until you adjust status (K1) at which time you have to appear for an interview.

[Crazy Cat 41,888]

20 minutes ago, SmallTownPA said:

Why do you think USCIS has any idea of your ticket purchases?  USCIS is no ICE or CBP (the fine folks that do the inspections at airports) nor does USICS care if you leave without AP, they never see you until you adjust status (K1) at which time you have to appear for an interview.

and then is exactly when problems have happened...at AOS...USCIS has access to flights.....and failing to cancel return leg of round-trip tickets has caused issues for some people.....

Edited August 10, 2019 by missileman

[SmallTownPA 72]

9 minutes ago, missileman said:

and then is exactly when problems have happened......USCIS has access to flights.....and failing to cancel return leg of round-trip tickets has caused issues for some people.....

 

USCIS/CBP/ICE/DOS has access to flight manifests.  Every person on every flight is scanned for 'no fly lists' and such.  This is not ticket information.  Please read and understand my posts.

 

Also please show me what law, regulation, or part of the FAM is violated if a K1 visa holder leaves before AOS or without AP?   Other than not being eligible for re-entry or AOS and the K1 is single entry.....  what requires a round trip ticket?  Or a one way?  Nothing.

 

People post all sorts of questions/problems here, but no one has any idea what happens on the USCIS side.  So we never get the other side of the story.

 

An open return ticket is not an indication of fraud or wrong doing.

Edited August 10, 2019 by SmallTownPA

[Crazy Cat 41,888]

7 minutes ago, SmallTownPA said:

 

USCIS/CBP/ICE/DOS has access to flight manifests.  Every person on every flight is scanned for 'no fly lists' and such.  This is not ticket information.  Please read and understand my posts.

 

Also please show me what law, regulation, or part of the FAM is violated if a K1 visa holder leaves before AOS or without AP?  Or requires a round trip ticket?  

 

People post all sorts of questions/problems here, but no one has any idea what happens on the USCIS side.  So we never get the other side of the story.

 

An open return ticket is not an indication of fraud or wrong doing.

Huh????   What I said is that some people have been thought to have left the country without advance parole(which can be seen as abandoning AOS) because they didn't cancel the return leg......

Edited August 10, 2019 by missileman

[SmallTownPA 72]

1 minute ago, missileman said:

Huh????   What I said is that some people have been thought to have left the country without advance parole(which can be seen as abandoning AOS) because they didn't cancel the return leg......

 

USCIS doesn't care if you leave, with or without AP.  Its your right to leave.   I'd stop giving so much weight to what people post here when they encounter a 'problem'.  They can never post what USCIS 'thinks'.  That statement is ludicrous on its face.

 

Now are you saying they don't show for the AOS interview?  Again, USCIS isn't going to lift a finger to 'find you' or even care where you are.  They will call your name twice, if you don't show they move to the next appointment (or take a break).

 

 

[Crazy Cat 41,888]

Of course, a K-1 entrant can leave at will.  However, it seems pretty clear that leaving during the process of AOS without advance parole could create suspicion by USCIS that the person left and was readmitted.......and abandoned adjustment of status.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

 

"In general, if you are seeking immigrant status (a Green Card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application."

Edited August 10, 2019 by missileman

[SmallTownPA 72]

On 8/10/2019 at 10:10 AM, missileman said:

Of course, a K-1 entrant can leave at will.  However, it seems pretty clear that leaving during the process of AOS without advance parole could create suspicion by USCIS that the person left and was readmitted.......and abandoned adjustment of status.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

 

"In general, if you are seeking immigrant status (a Green Card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application."

 

And what are the conditions of abandoning your application?    You REALLY have to cut ties, then leave for more than 6 months.  

 

Leaving the US without a GC or AP is risky.  But not an automatic denial of pending applications.  And USCIS is not going to do a thing to find you, or help you, just stamp it as denied/rejected and go to the next case.

[geowrian 22,337]

10 hours ago, SmallTownPA said:

And what are the conditions of abandoning your application?    You REALLY have to cut ties, then leave for more than 6 months.  

 

Leaving the US without a GC or AP is risky.  But not an automatic denial of pending applications.

Incorrect. It is an automatic abandonment of an AOS application (except for certain individuals with H/L/K-3/K-4/and V visas). There are many cases on VJ where people have reported that exact circumstance.

 

INA 245: https://www.govinfo.gov/content/pkg/CFR-2019-title8-vol1/xml/CFR-2019-title8-vol1-sec245-2.xml

Quote

(4) Effect of departure—(i) General. The effect of a departure from the United States is dependent upon the law under which the applicant is applying for adjustment.
    (ii) Under section 245 of the Act.

    (A) The departure from the United States of an applicant who is under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of the proceeding by reason of the departure. Except as provided in paragraph (a)(4)(ii)(B) and (C) of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjustment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. If the adjustment application of an individual granted advance parole is subsequently denied the individual will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act.
    (B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act.
    (C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.

    (D) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful V status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is admissible as a V nonimmigrant.

Edit 2: See the words in red. They are critical in law - "shall be" is definitive.

 

A very small sample of cases where this happened:

https://www.visajourney.com/forums/topic/683433-i-485-denied-for-advance-parole-when-can-i-refile/

https://www.visajourney.com/forums/topic/629112-i-485-denied/

https://www.visajourney.com/forums/topic/616582-i-485-denied-after-i-601-submitted-pending-merged/

 

Edit: I think you are confusing abandonment of AOS  with abandonment of LPR status. Once somebody has LPR status, they need to have been deemed to have terminated their permanent residency (via a combination of lack of ties established & maintained in the US, time abroad, etc.).

 

Anyway....going back to the OP's case...

There have been a few members who entered with a 2-way ticket and did not cancel the return ticket. Normally the airline removes them from the manifest, but rarely they do not. Eventually that info gets to USCIS and they either issue an RFE for evidence that one did not exit the US, or a denial for abandonment.

Now this is rare, and I'm unaware of anybody who was unable to rectify the situation by showing they did not leave, but it does slow things down and create undue stress.

 

Edited August 17, 2019 by geowrian