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Filed: K-1 Visa Country: New Zealand
Timeline
Posted

Hi, I have a situation and I need advise.

 

My partner (petitioner) might move to a different country within the organization. If and when our K1 is approved and my partner is not in states, what will be the situation?

 

Do I have to stay in states? or can i travel with my partner and continue the K1 process in a different country?

 

Your help in this matter will be greatly appreciated.

 

Thanks,

Nazareen

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Posted

Yes, you have to stay in the states. You have 90 days to marry and file paperwork for adjustment of status to get a green card. You cannot travel until you get Advance Parole (AP) document (~6 months). If you do, your application will be deemed abandoned and you have to start from scratch (filing I-129f etc.). 
 

Note that AP is for traveling purposes, you can’t just move to another country. 

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

When will you now be looking to move to the US.

“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.”

Filed: K-1 Visa Country: New Zealand
Timeline
Posted
15 hours ago, powerpuff said:

Yes, you have to stay in the states. You have 90 days to marry and file paperwork for adjustment of status to get a green card. You cannot travel until you get Advance Parole (AP) document (~6 months). If you do, your application will be deemed abandoned and you have to start from scratch (filing I-129f etc.). 
 

Note that AP is for traveling purposes, you can’t just move to another country. 

Thank you for replying to me. Really appreciate you're input.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Sort of assuming you will want to be with your Partner?

“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.”

Posted
18 hours ago, Nazareen said:

Hi, I have a situation and I need advise.

 

My partner (petitioner) might move to a different country within the organization. If and when our K1 is approved and my partner is not in states, what will be the situation?

 

Do I have to stay in states? or can i travel with my partner and continue the K1 process in a different country?

 

Your help in this matter will be greatly appreciated.

 

Thanks,

Nazareen

This will not work.  After receiving your visa and arriving in the US, it will be another 8 months or so before you get a travel document allowing you to be paroled back in if you leave.   The green card will take even longer - 12-24 months at least.

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)
18 hours ago, Nazareen said:

Hi, I have a situation and I need advise.

 

My partner (petitioner) might move to a different country within the organization. If and when our K1 is approved and my partner is not in states, what will be the situation?

 

Do I have to stay in states? or can i travel with my partner and continue the K1 process in a different country?

 

Your help in this matter will be greatly appreciated.

 

Thanks,

Nazareen

You have a huge problem.

 

The K-1 visa is only the first part of immigration process.  After arriving in the US on the K-1 visa, you have to marry and file to adjust status for a green card.  Adjusting status can take 12 months or more.  You and your spouse would have to be living in the US in order for you to get a green card.

 

If your spouse is living in another country, then you will not qualify to adjust status for a green card.

 

Once you file to adjust status, then it will take 6-8 months to get AP.  You will need AP to leave and be able to return to the US to continue the AOS for your green card.

 

How long will your partner be living outside the US?  If your partner will be living outside the US and you want to be with your partner, then getting a K-1 visa is not the right path for you.  

Edited by aaron2020
Filed: K-1 Visa Country: New Zealand
Timeline
Posted
28 minutes ago, Jorgedig said:

This will not work.  After receiving your visa and arriving in the US, it will be another 8 months or so before you get a travel document allowing you to be paroled back in if you leave.   The green card will take even longer - 12-24 months at least.

Initial plan was to marry in US and settle things. But the Job move conversation just began and we are clue less as to what is the right path. We are in the processing of working things out. Thank you for providing much needed information. This will definitely help us in planning better.

Filed: K-1 Visa Country: New Zealand
Timeline
Posted
30 minutes ago, Cathi said:

If your partner is moving to another country then why would you want to come to the U.S. at all?

Initial plan was to marry in US and settle things. But the Job move conversation just began and we are clue less as to what is the right path as we have started the K1 process. We are in the processing of working things out. 

Filed: K-1 Visa Country: New Zealand
Timeline
Posted
26 minutes ago, aaron2020 said:

You have a huge problem.

 

The K-1 visa is only the first part of immigration process.  After arriving in the US on the K-1 visa, you have to marry and file to adjust status for a green card.  Adjusting status can take 12 months or more.  You and your spouse would have to be living in the US in order for you to get a green card.

 

If your spouse is living in another country, then you will not qualify to adjust status for a green card.

 

Once you file to adjust status, then it will take 6-8 months to get AP.  You will need AP to leave and be able to return to the US to continue the AOS for your green card.

 

How long will your partner be living outside the US?  If your partner will be living outside the US and you want to be with your partner, then getting a K-1 visa is not the right path for you.  

How long will your partner be living outside the US? I think, may be 2-3 years

 
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