Help?!!? K1 Question

[laurainr 2]

Hello everyone,

My fiance was approved for his k1 visa. He is entering the US in October. We will get married in early November here at the courthouse and then in the end of December we are going to Mexico (his country) to have the religious ceremony & honeymoon.

Since we will be legally married, but he won't have his green card yet (probably anyways), will he have any problem re-entering the US after the honeymoon?

This is serious because we already paid for everything in Mexico including tickets, hotel, and all my family is going there for the religious ceremony.

Thanks.

[visaqueries 111]

It will be a problem. Once he enters the US on a K1 Visa, he can't leave again (with intentions of returning legally to the states) unless he has his AP (Advanced Parole) or his Green Card. The Advanced Parole usually takes about 90 days after you apply for it, and the Green Card takes much longer. If you leave the country prior to receiving either the AP or the green card, he would not be able to reenter the US.

We were married May 2014, applied within a week of our marriage and didn't get our EAD/AP combo card until August 2014. Our green card arrived June 2015.

The only way it wouldn't be a problem is if you married, filed for your AP and received it prior to leaving for Mexico. I don't know that it moves that fast, but maybe...

Edited August 30, 2015 by visaqueries

[belinda63 2,981]

If you want to even have a chance at success I suggest you get married the day he arrives, walk the paperwork to the courthouse and get a certified copy of the marriage certificate that same day (if you can do this where you live) and send the complete AOS package overnight that same day. It takes 60-90 days to receive AP and if you miss something important in the AOS package you will receive and RFE and this might slow down the receipt of the AP.

[lost_at_sea 995]

He'll need to have AP to be able to leave the country AND be allowed back in without hassle. It takes 60 - 90 days after you file the AOS paperwork after you marry. If he leaves the USA without AP then he'll be deemed to have abandoned AOS and have to start over.

You may want to look into rescheduling the second wedding, since it seems unlikely that you're gonna get there in time.

Edited August 30, 2015 by lost_at_sea

[laurainr 2]

No one is understanding that we have already paid thousands of dollars for the mexico wedding, and all my family paid thousands of dollars to come. It is non-refundable so I cannot simply "move dates around" at this point. I'm contacting an attorney on Monday.

[ChicagoSarah 127]

I'd encourage him to move as soon as he can. Every day counts at this point. As everyone else said, it's a big problem if he leaves the country without AP. he would be denied re-entry and you'd have to start over with a spousal visa. Recent posts I've seen have AP taking right up to 90 days, so the earlier he can move and you can marry, the better chance you'll have AP and be able to go to Mexico without issues.

[lost_at_sea 995]

No one is understanding that we have already paid thousands of dollars for the mexico wedding, and all my family paid thousands of dollars to come. It is non-refundable so I cannot simply "move dates around" at this point. I'm contacting an attorney on Monday.

I do understand. The lawyer is going to tell you the same thing we are. You're probably going to lose the money on anything you can't reschedule, lose money asking a lawyer OR you'll lose money by leaving for Mexico without AP and end up having to start the whole petition/visa process all over again. Pick the lesser expense.

Making firm plans that cost money (like expensive weddings) when doing a US visa is always something this forum warns against.

If he can move sooner than October and you can marry ASAP, then you stand a chance of having the paperwork on time for the end of the year.

[Jo Së 200]

He'll need to have AP to be able to leave the country.

AP is used for reentry, he can leave anytime he wants, however, as othere have said, it takes approximately 90 days to receive the document from when you file.

This question should have been asked prior to making all kinds of wedding arrangments outside the country.

[lost_at_sea 995]

AP is used for reentry, he can leave anytime he wants, however, as othere have said, it takes approximately 90 days to receive the document from when you file.

This question should have been asked prior to making all kinds of wedding arrangments outside the country.

Sorry, yes. That's what I meant. Thanks!

[laurainr 2]

Well excuse me for being 21 and not knowing what's going on. I don't have time to sit around on this forum all day because I have 18 credits of college work to finish every day. People make mistakes. If I knew what I was doing, I wouldn't be here.

[lost_at_sea 995]

Well excuse me for being 21 and not knowing what's going on. I don't have time to sit around on this forum all day because I have 18 credits of college work to finish every day. People make mistakes. If I knew what I was doing, I wouldn't be here.

Anyway. You know the facts now. Better make some new plans!

[PeruvyandGringa 25]

If he was approved (and assuming he already has his visa), could you change the date he arrives to say, next week? (or make the flight for immediately after he receives his visa). That way you could get married in the next week or 2 and get AOS/AP started, that's the only way I can see you could more likely (still not guaranteed) have his documents prior to your December plans.

[lost_at_sea 995]

You're gonna want to read this guide: http://www.visajourney.com/content/k1k3aos You've got a lot of paperwork to go.

+1 to have him move ASAP and marrying as soon as you can. It's still no guarantee that he'll have AP in time, but it'll improve the odds.

[laurainr 2]

He is picking up his visa in a few days. And the problem is he has an obligation in October in Mexico I'm trying to see if he can get out of. Also his sister's wedding is in Mexico December 5th, so that's cutting it close. He would die before he missed that.

[ChicagoSarah 127]

No one isn't understanding the plans and money spent. We've all been there trying to plan a wedding/honeymoon/family function overseas. The answers in this thread are just restating the terms of K-1 and immigration process we've all chosen to go through. Immigration forces all of us to make decisions and change priorities base don't the government. I'd strongly suggest that he move sooner than October and that you marry in the courthouse ASAP (and file all AOS paperwork immediately) in order to make your Mexico wedding.