Jump to content
kbsdk

Can my Fiancee leave during the Adjustment of Status Process? Or does it become void?

By kbsdk in Working & Traveling During US Immigration

 Share

9 posts in this topic

Recommended Posts

kbsdk Newbie

kbsdk   0

Posted
Timeline
Posted

Hey All!

 

We just got our NOA2 approval (woo!). I do have a question about later on steps. My fiancee is unable to stay in the country after our 90 days (ailing relative that needs care in home country), is it still possible to file for Adjustment of Status and have her wait in her home country rather than in the US? Otherwise would we just have to file for the marriage green card? I ask because the processing times are so much shorter with the former. Hopefully this isn't too dumb of a question.

Thank you!

 

 

Link to comment
Share on other sites
Daphne . Proficient

Daphne .   1,865

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

Yikes, maybe the K1 wasn’t the best option in her situation.. She can’t leave the US during the adjustment of status process until she has authorization (approved I-131 or I-485). If she leaves without it, you’ll have to start from scratch with a spousal visa. 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,865

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
12 minutes ago, kbsdk said:

My fiancee is unable to stay in the country after our 90 days (ailing relative that needs care in home country), is it still possible to file for Adjustment of Status and have her wait in her home country rather than in the US?

Only if she receives an approved Advance Parole Document approved before leaving.  Leaving prior to approval will void her adjustment.  The chances are not good for approval within 90 days of filing.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,865

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

**Moved to Working and Traveling during US Immigration***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Gary Rich Community Regular

Gary Rich   268

Posted
Filed: K-1 Visa Timeline
Posted
1 minute ago, Daphne . said:

Yikes, maybe the K1 wasn’t the best option in her situation.. She can’t leave the US during the adjustment of status process until she has authorization (approved I-131 or I-485). If she leaves without it, you’ll have to start from scratch with a spousal visa. 

 Your statment.. is true.. but from what I actually heard myself.. the paperwork for AOS,EAD, are being process very fast, maybe not as fast as OP  might need it.. but better than before, because of fee's increase on April 1st.

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,865

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

The Visa Journey average from filing to Advance Parole approval is 131-136 days.  Sample size is 117 records.  It could take as long as 6 months.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
wildbug100420 Explorer

wildbug100420   104

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
1 hour ago, kbsdk said:

Hey All!

 

We just got our NOA2 approval (woo!). I do have a question about later on steps. My fiancee is unable to stay in the country after our 90 days (ailing relative that needs care in home country), is it still possible to file for Adjustment of Status and have her wait in her home country rather than in the US? Otherwise would we just have to file for the marriage green card? I ask because the processing times are so much shorter with the former. Hopefully this isn't too dumb of a question.

Thank you!

 

 

You must be present in the US to file and remain in the US until advance parole is approved. If you were to marry now then the K1 is void 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...