Can my Fiance travel outside the US after she arrives

[Siphiwe 1]

Greetings,

 

Our K-1 Visa Application has been approved and we are 50 days in "AP" waiting for the visa and passport to be issued. We expect that to happen anytime now, and as soon as that happens, she will come from China ASAP. In August, we are planning a trip to Budapest. Will my fiance be able to leave the US and then return? Will there be any problems? What will we need to do?

[EandH0904 1,184]

She can't. Is there a way you could travel to Budapest with her BEFORE she comes to the US? 

[Siphiwe 1]

No. It is for an athletic competition. Why can't she?

[Jojo92122 1,924]

If she goes to Budapest after entering the US on the K-1, she will not be allowed to back into the US.

 

She needs AP to leave and be able to return to the US.  

 

The current wait for AP is 4 months. 

 

If she gets the K-1 today, there would not be enough time to get AP.

 

You can try to expedite AP, but that's uncertain if this is a vacation.

[Jojo92122 1,924]

2 minutes ago, Siphiwe said:

No. It is for an athletic competition. Why can't she?

Why would an athletic competition prevent her from going to Budapest before coming to the US?

[Siphiwe 1]

Damn

[Siphiwe 1]

I misread the question. We could wait for her to come to America AFTER Budapest, I suppose, but that would mean another 2.5 months of being apart and we haven't seen each other since November of last year and we are getting kind of desperate to be together as you can imagine. If her visa and passport get issued in the next week or so, how long is it valid? How long does she have to enter the United States?

Edited May 21, 2017 by Siphiwe

[Springrain22 427]

2 minutes ago, Siphiwe said:

I misread the question. We could wait for her to come to America AFTER Budapest, I suppose, but that would mean another 2.5 months of being apart and we haven't seen each other since November of last year and we are getting kind of desperate to be together as you can imagine. If her visa and passport get issued in the next week or so, how long is it valid? How long does she have to enter the United States?

2.5 months apart is nothing if you're serious about moving to the US. As stated above, she won't be able to enter the US again without AOS and AP.

[Siphiwe 1]

Yes. I was aware about the driving and working and that is not a problem. I just didn't realize the K-1 is a single issue visa... and the implications.

[Transborderwife 4,666]

You might have a case for expedited AP.  It's a risk

[Dashinka 23,211]

Once the K1 visa is issued your fiancé will have six months (from the date of the medical exam) to actually use it.  Personally, if your fiancé needs to go to Budapest, I would consider making that trip first, then coming to the US.  As others have said, if she comes here first then leaves, she will not be able to re-enter the US legally, and a new visa application for a spouse would have to be filed.  She would need Advanced Parole (AP) which would require the two of you to get married, then file the I485, I131, and I765 immediately and then try to expedite the AP which is difficult for what USCIS may consider trivial purposes, usually expedited APs are only granted for family emergencies which this obviously isn't since she would be going to Hungary, and not China.

 

Good Luck!

Edited May 21, 2017 by Bill & Katya

[Jojo92122 1,924]

5 minutes ago, Siphiwe said:

I misread the question. We could wait for her to come to America AFTER Budapest, I suppose, but that would mean another 2.5 months of being apart and we haven't seen each other since November of last year and we are getting kind of desperate to be together as you can imagine. If her visa and passport get issued in the next week or so, how long is it valid? How long does she have to enter the United States?

6 months from her medical exam.

[Siphiwe 1]

Actually, 2.5 months is a lot.  We had originally expected to finish this process by the end of march so that my fiance could be with me for the launch of my book and my appearance on Good Morning America. She missed that. After that she missed my speaking tour. After that she missed watching me win three national championships. She missed a lot of really once in a lifetime events that we wanted to share. All that happened in a month and a half. Meanwhile, it's been almost six months since we have been apart. Lots of lonely nights, sexual frustration, etc. Tomorrow is NOT promised to anyone, so another 2.5 months when the anticipation of getting married and starting a new life has been extreme - 2.5 months is a lot of time. Meanwhile, all of this has an affect on my training and performance, so deciding what to do is going to be a big decision.

[Siphiwe 1]

Thanks for all the helpful information. I am currently ranked #2 in the world in my age group/events and have a chance to become a world champion and set a world record. Obviously I want my fiance to be there for that moment. But another 2.5 months is really, REALLY, disappointing for us....

[Springrain22 427]

2 minutes ago, Siphiwe said:

Actually, 2.5 months is a lot.  We had originally expected to finish this process by the end of march so that my fiance could be with me for the launch of my book and my appearance on Good Morning America. She missed that. After that she missed my speaking tour. After that she missed watching me win three national championships. She missed a lot of really once in a lifetime events that we wanted to share. All that happened in a month and a half. Meanwhile, it's been almost six months since we have been apart. Lots of lonely nights, sexual frustration, etc. Tomorrow is NOT promised to anyone, so another 2.5 months when the anticipation of getting married and starting a new life has been extreme - 2.5 months is a lot of time. Meanwhile, all of this has an affect on my training and performance, so deciding what to do is going to be a big decision.

I understand, but you should not plan any of your important life stuff together until she has a valid visa and all documents. I've been apart from my wife for a year already and I'm waiting like a man. So if you're serious about this ptocess, 2.5 is nothing. Immigration isn't simple and fast thing, so consider it the right way.