Question Regarding K-1 Visa for my fiance in Philippines (Medical Student)

[jobra 0]

I will start filing a K1 Visa for my fiance in Philippines. She is currently in medical school at the moment. Wondering can she go back to Philippines to finish med school right after we get married here in the US? Or does she have to stay within US, for the time being until the status change? Cause our plan is to do civil wedding once she is approve to come here and marry within 90 days. Afterwards she will go back to finish med school while the process kicks in, since it will take awhile. If not, could my fiance provide proof that she is still in school? Hopefully this make sense.

[OldUser 7,708]

She cannot stay in the US while I-129F form is pending. It can take a 12-16 months for that form to be approved. All this time fiance should be back in her country.

 

If I-129F got approved and she already entered on K-1 visa, she must remain in the US until she adjusts her status and gets GC.

 

She cannot leave the US without advance parole.

Edited February 3 by OldUser

[jobra 0]

1 hour ago, OldUser said:

She cannot stay in the US while I-129F form is pending. It can take a 12-16 months for that form to be approved. All this time fiance should be back in her country.

 

If I-129F got approved and she already entered on K-1 visa, she must remain in the US until she adjusts her status and gets GC.

 

She cannot leave the US without advance parole.

Sorry, what I meant is this "If I-129F got approved and she already entered on K-1 visa, she must remain in the US until she adjusts her status and gets GC."

 

So just to clarify, if I-129F does get approve and she entered via K1-VISA and we get married within 90 days. She must stay in the US until she gets GC? Just to clarify.

[OldUser 7,708]

2 minutes ago, jobra said:

Sorry, what I meant is this "If I-129F got approved and she already entered on K-1 visa, she must remain in the US until she adjusts her status and gets GC."

 

So just to clarify, if I-129F does get approve and she entered via K1-VISA and we get married within 90 days. She must stay in the US until she gets GC? Just to clarify.

She cannot leave the US without advance parole. If she leaves without it, she abandons her I-485 and will have to start from scratch (file for visa, wait etc).

 

Advance parole takes months to get.

 

Ideally, she should only leave on advance parole in case of emergency for few weeks.

 

Another option is to pause her studies, wait until GC comes, file for reentry permit (allows to be out of the US for up to 2 years). Then finish studies overseas and come back to the US. The problem in this case will be removal of conditions and naturalization under 3 year rule. It's hard to work with evidence from overseas and proving you lived in bonafide marriage.

Edited February 3 by OldUser

[Edward and Jaycel 661]

1 hour ago, OldUser said:

Advance parole takes months to get.

 

I have seen many timelines over the last year or two where Advance Parole takes so long that the GC is approved before the AP is adjudicated.