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confused2
Does anyone have any experience or knowledge of how restrictive our fair (US) government is when someone who has filed a K-1 and say, for example, has to return to their home country due to a death or illness of a close family member?
Nagishkaw
Could you give us a bit more information? We have no idea where you are at in this process.
confused2
QUOTE (Nagishkaw @ Jul 19 2008, 06:55 PM) *
Could you give us a bit more information? We have no idea where you are at in this process.


We have not applied for any kind of visa yet. We are trying to decide whether to get married outside the US, in which case my fiancee is not allowed back in the US under any circumstances until she receives her green card; or if we should get married in the US, in which case we have heard from several sources she is not allowed to leave the US without running the risk of having her visa application voided--and perhaps even never being allowed back in the country.
jundp
QUOTE (confused2 @ Jul 19 2008, 04:01 PM) *
QUOTE (Nagishkaw @ Jul 19 2008, 06:55 PM) *
Could you give us a bit more information? We have no idea where you are at in this process.


We have not applied for any kind of visa yet. We are trying to decide whether to get married outside the US, in which case my fiancee is not allowed back in the US under any circumstances until she receives her green card; or if we should get married in the US, in which case we have heard from several sources she is not allowed to leave the US without running the risk of having her visa application voided--and perhaps even never being allowed back in the country.



I would suggest that you read the guides on the homepage about which visa to file for to give you more extensive information.

Once you receive the K1 and your fiancee enters the country, you have 90 in which to get married. As soon as you are married you can file the Adjustment of Status and along with that, apply for Advance Parole and Employment Authorization Document. Advance Parole will allow her to leave the country and re-enter legally until she receives her conditional green card. According to the timelines it seems to take on average about 3 months to get AP.

It also seems that K1 is faster than the K3.

Hope this helps.
Joanna&Bobby
When your fiance gets here, and you get married within 90 days, you need to file for Adjustment of Status. You can file for Advance Parole and Employment Authorization Document at the same time- there is no fee for both of them if you file them together with the Adjustment of Status Application. Your fiance (then wife) should not leave the US territory until she gets the AP document, because she will not be able to enter the USA, and you will need to file for another visa (K-3).
I agree...it seems like filing for K-1 will get your fiance here faster.
confused2
QUOTE (jundp @ Jul 19 2008, 07:12 PM) *
QUOTE (confused2 @ Jul 19 2008, 04:01 PM) *
QUOTE (Nagishkaw @ Jul 19 2008, 06:55 PM) *
Could you give us a bit more information? We have no idea where you are at in this process.


We have not applied for any kind of visa yet. We are trying to decide whether to get married outside the US, in which case my fiancee is not allowed back in the US under any circumstances until she receives her green card; or if we should get married in the US, in which case we have heard from several sources she is not allowed to leave the US without running the risk of having her visa application voided--and perhaps even never being allowed back in the country.



I would suggest that you read the guides on the homepage about which visa to file for to give you more extensive information.

Once you receive the K1 and your fiancee enters the country, you have 90 in which to get married. As soon as you are married you can file the Adjustment of Status and along with that, apply for Advance Parole and Employment Authorization Document. Advance Parole will allow her to leave the country and re-enter legally until she receives her conditional green card. According to the timelines it seems to take on average about 3 months to get AP.

It also seems that K1 is faster than the K3.

Hope this helps.


OK, she comes in the US. We get married here. Next day we file for the K-1. Her father is on his death bed the next day. She is stuck here for three months while she awaits an advance parole? Of course she could just leave to tend to her father, but then she would either not be let in the US again or she would have to reapply for the visa.

In other words, is there no type of 'emergency' allowances for extreme situations?

PS: I have read the guidelines and the US government's K-1 visa page.
pushbrk
QUOTE (confused2 @ Jul 19 2008, 03:47 PM) *
Does anyone have any experience or knowledge of how restrictive our fair (US) government is when someone who has filed a K-1 and say, for example, has to return to their home country due to a death or illness of a close family member?


They are absolutely fair by treating all the same. If you leave without advance parole, you don't get back in the USA until after completing another fiance(e) or spouse visa process. (whichever is appropriate)

K1 is a single entry visa. The terms are the same for all holders.
Zee Bee
QUOTE (confused2 @ Jul 19 2008, 07:49 PM) *
OK, she comes in the US. We get married here. Next day we file for the K-1. Her father is on his death bed the next day. She is stuck here for three months while she awaits an advance parole? Of course she could just leave to tend to her father, but then she would either not be let in the US again or she would have to reapply for the visa.

In other words, is there no type of 'emergency' allowances for extreme situations?

PS: I have read the guidelines and the US government's K-1 visa page.


The scenario you stated is not possible. A K1 visa allows the foreign fiance(e) to enter the US to get married and adjust status. If she enters the US and you get married you are ineligible for a K1.

If she enters the US on a K1 and she needs to leave for an emergency before AOS then you can try making an infopass appointment to see if you can get emergency AP.

Alternatively, if she enters on a K1, marries and then leaves without AP then you would have to refile for a spousal visa for her.
Nagishkaw
QUOTE (ZeeNusah @ Jul 19 2008, 07:04 PM) *
QUOTE (confused2 @ Jul 19 2008, 07:49 PM) *
OK, she comes in the US. We get married here. Next day we file for the K-1. Her father is on his death bed the next day. She is stuck here for three months while she awaits an advance parole? Of course she could just leave to tend to her father, but then she would either not be let in the US again or she would have to reapply for the visa.

In other words, is there no type of 'emergency' allowances for extreme situations?

PS: I have read the guidelines and the US government's K-1 visa page.


The scenario you stated is not possible. A K1 visa allows the foreign fiance(e) to enter the US to get married and adjust status. If she enters the US and you get married you are ineligible for a K1.

If she enters the US on a K1 and she needs to leave for an emergency before AOS then you can try making an infopass appointment to see if you can get emergency AP.

Alternatively, if she enters on a K1, marries and then leaves without AP then you would have to refile for a spousal visa for her.

http://www.immihelp.com/greencard/adjustme...nce-parole.html
pushbrk
QUOTE (confused2 @ Jul 19 2008, 04:49 PM) *
QUOTE (jundp @ Jul 19 2008, 07:12 PM) *
QUOTE (confused2 @ Jul 19 2008, 04:01 PM) *
QUOTE (Nagishkaw @ Jul 19 2008, 06:55 PM) *
Could you give us a bit more information? We have no idea where you are at in this process.


We have not applied for any kind of visa yet. We are trying to decide whether to get married outside the US, in which case my fiancee is not allowed back in the US under any circumstances until she receives her green card; or if we should get married in the US, in which case we have heard from several sources she is not allowed to leave the US without running the risk of having her visa application voided--and perhaps even never being allowed back in the country.



I would suggest that you read the guides on the homepage about which visa to file for to give you more extensive information.

Once you receive the K1 and your fiancee enters the country, you have 90 in which to get married. As soon as you are married you can file the Adjustment of Status and along with that, apply for Advance Parole and Employment Authorization Document. Advance Parole will allow her to leave the country and re-enter legally until she receives her conditional green card. According to the timelines it seems to take on average about 3 months to get AP.

It also seems that K1 is faster than the K3.

Hope this helps.


OK, she comes in the US. We get married here. Next day we file for the K-1. Her father is on his death bed the next day. She is stuck here for three months while she awaits an advance parole? Of course she could just leave to tend to her father, but then she would either not be let in the US again or she would have to reapply for the visa.

In other words, is there no type of 'emergency' allowances for extreme situations?

PS: I have read the guidelines and the US government's K-1 visa page.


Well, you wouldn't apply for a K1 (fiancee) visa if you're married but there actually is "emergency advance parole". It would require access to a USCIS office during their business hours and paying a fee, so rushing to the airport is out of the question but at worst, she'd need three or four days as long as you already married. Before the marriage, she'd be out of luck.

If this is of prime concern, you're better off marrying abroad. Either the CR1 or K3 visa allows immediate travel, as needed.
confused2
QUOTE (pushbrk @ Jul 19 2008, 08:39 PM) *
QUOTE (confused2 @ Jul 19 2008, 04:49 PM) *
QUOTE (jundp @ Jul 19 2008, 07:12 PM) *
QUOTE (confused2 @ Jul 19 2008, 04:01 PM) *
QUOTE (Nagishkaw @ Jul 19 2008, 06:55 PM) *
Could you give us a bit more information? We have no idea where you are at in this process.


We have not applied for any kind of visa yet. We are trying to decide whether to get married outside the US, in which case my fiancee is not allowed back in the US under any circumstances until she receives her green card; or if we should get married in the US, in which case we have heard from several sources she is not allowed to leave the US without running the risk of having her visa application voided--and perhaps even never being allowed back in the country.



I would suggest that you read the guides on the homepage about which visa to file for to give you more extensive information.

Once you receive the K1 and your fiancee enters the country, you have 90 in which to get married. As soon as you are married you can file the Adjustment of Status and along with that, apply for Advance Parole and Employment Authorization Document. Advance Parole will allow her to leave the country and re-enter legally until she receives her conditional green card. According to the timelines it seems to take on average about 3 months to get AP.

It also seems that K1 is faster than the K3.

Hope this helps.


OK, she comes in the US. We get married here. Next day we file for the K-1. Her father is on his death bed the next day. She is stuck here for three months while she awaits an advance parole? Of course she could just leave to tend to her father, but then she would either not be let in the US again or she would have to reapply for the visa.

In other words, is there no type of 'emergency' allowances for extreme situations?

PS: I have read the guidelines and the US government's K-1 visa page.


Well, you wouldn't apply for a K1 (fiancee) visa if you're married but there actually is "emergency advance parole". It would require access to a USCIS office during their business hours and paying a fee, so rushing to the airport is out of the question but at worst, she'd need three or four days as long as you already married. Before the marriage, she'd be out of luck.

If this is of prime concern, you're better off marrying abroad. Either the CR1 or K3 visa allows immediate travel, as needed.


If we marry abroad, she is not allowed in the US until the visa is granted. Currently takes one to one and a half years.
pushbrk
QUOTE (confused2 @ Jul 19 2008, 06:18 PM) *
QUOTE (pushbrk @ Jul 19 2008, 08:39 PM) *
QUOTE (confused2 @ Jul 19 2008, 04:49 PM) *
QUOTE (jundp @ Jul 19 2008, 07:12 PM) *
QUOTE (confused2 @ Jul 19 2008, 04:01 PM) *
QUOTE (Nagishkaw @ Jul 19 2008, 06:55 PM) *
Could you give us a bit more information? We have no idea where you are at in this process.


We have not applied for any kind of visa yet. We are trying to decide whether to get married outside the US, in which case my fiancee is not allowed back in the US under any circumstances until she receives her green card; or if we should get married in the US, in which case we have heard from several sources she is not allowed to leave the US without running the risk of having her visa application voided--and perhaps even never being allowed back in the country.



I would suggest that you read the guides on the homepage about which visa to file for to give you more extensive information.

Once you receive the K1 and your fiancee enters the country, you have 90 in which to get married. As soon as you are married you can file the Adjustment of Status and along with that, apply for Advance Parole and Employment Authorization Document. Advance Parole will allow her to leave the country and re-enter legally until she receives her conditional green card. According to the timelines it seems to take on average about 3 months to get AP.

It also seems that K1 is faster than the K3.

Hope this helps.


OK, she comes in the US. We get married here. Next day we file for the K-1. Her father is on his death bed the next day. She is stuck here for three months while she awaits an advance parole? Of course she could just leave to tend to her father, but then she would either not be let in the US again or she would have to reapply for the visa.

In other words, is there no type of 'emergency' allowances for extreme situations?

PS: I have read the guidelines and the US government's K-1 visa page.


Well, you wouldn't apply for a K1 (fiancee) visa if you're married but there actually is "emergency advance parole". It would require access to a USCIS office during their business hours and paying a fee, so rushing to the airport is out of the question but at worst, she'd need three or four days as long as you already married. Before the marriage, she'd be out of luck.

If this is of prime concern, you're better off marrying abroad. Either the CR1 or K3 visa allows immediate travel, as needed.


If we marry abroad, she is not allowed in the US until the visa is granted. Currently takes one to one and a half years.


It might take that long for a fiancee visa too. There are no guarantees on timelines. Sounds like you have your information and it's time to prioritize and make choices like all the rest of us did.

Please do fill in your profile information including the beneficiary's country so we can better assist you.
chris-lei
QUOTE (confused2 @ Jul 19 2008, 08:18 PM) *
If we marry abroad, she is not allowed in the US until the visa is granted. Currently takes one to one and a half years.


Even if you go under K1 visa, she will not be allowed in the US territory until the visa is granted.

In Vermont service center, processings are a bit faster.
pushbrk
QUOTE (chris-lei @ Jul 19 2008, 06:43 PM) *
QUOTE (confused2 @ Jul 19 2008, 08:18 PM) *
If we marry abroad, she is not allowed in the US until the visa is granted. Currently takes one to one and a half years.


Even if you go under K1 visa, she will not be allowed in the US territory until the visa is granted.




This would depend greatly on both the country of origin (which we don't know) and the circumstance.
arcticblue
That isn't true. I am from Canada with a pending K1 and I enter about 2 to 3 times a month and I have never been denied entry.
I even was put into secondary once and it was just a random check, I told them about my I-129F too and they didnt care and I was on my way
Kathryn41
Yes, being able to visit while a K-1, K-3 and CR-1 are in process depends very much on the country where the beneficiary lives. If she is in a First World country she should have no problems. If she is in a third world country, it would be unlikely she could get a visitor's visa even if she wasn't married or engaged. If you provide more information about your specific circumstances we can give you a more specific answer.

Worse case scenario if you choose to use a K-1 and wait until the 90th day to get married, then apply for AOS and the AP, it is conceivable she would not be able to leave the country for upward of 6 or more months. If, however, you get married the day she arrives - or day after to let her catch her breath - (legal court house wedding is all that is required), and apply for AOS and AP the following day, she would likely have the AP within 3 months. As well, once she files the AP, if there is a life or death emergency back home and she has already filed, she can go to the local USCIS with proof of her filing, and evidence of the life or death situation back home and ask for an Emergency AP. Depending on the day of the week and time of day, they can generally get that in 24 to 48 hours, although longer over a weekend.

If there is a likelihood of someone falling ill and dying in the immediate future you would be better served getting married overseas and filing for either a K-3 or a CR-1. Depending on what country she is from, she may or may not be able to visit while she waits. You, however, can always visit her. If she is able to visit during a K-1, she would be able to visit during a K-3 and a CR-1 process as well. If she can't visit during the K-3 or CR-1 process, then it is unlikely she would be allowed to visit during a K-1. Whatever choice you make will require some waiting and time apart. Choose what is best for your own personal situation.
victor+natasha
QUOTE (Kathryn41 @ Jul 21 2008, 09:19 PM) *
Yes, being able to visit while a K-1, K-3 and CR-1 are in process depends very much on the country where the beneficiary lives. If she is in a First World country she should have no problems. If she is in a third world country, it would be unlikely she could get a visitor's visa even if she wasn't married or engaged. If you provide more information about your specific circumstances we can give you a more specific answer.

Worse case scenario if you choose to use a K-1 and wait until the 90th day to get married, then apply for AOS and the AP, it is conceivable she would not be able to leave the country for upward of 6 or more months. If, however, you get married the day she arrives - or day after to let her catch her breath - (legal court house wedding is all that is required), and apply for AOS and AP the following day, she would likely have the AP within 3 months. As well, once she files the AP, if there is a life or death emergency back home and she has already filed, she can go to the local USCIS with proof of her filing, and evidence of the life or death situation back home and ask for an Emergency AP. Depending on the day of the week and time of day, they can generally get that in 24 to 48 hours, although longer over a weekend.

If there is a likelihood of someone falling ill and dying in the immediate future you would be better served getting married overseas and filing for either a K-3 or a CR-1. Depending on what country she is from, she may or may not be able to visit while she waits. You, however, can always visit her. If she is able to visit during a K-1, she would be able to visit during a K-3 and a CR-1 process as well. If she can't visit during the K-3 or CR-1 process, then it is unlikely she would be allowed to visit during a K-1. Whatever choice you make will require some waiting and time apart. Choose what is best for your own personal situation.


Just one more thing I would like to add is that if your SO enters with a K-1 visa and has to leave right away the consolate can issue another K-1 visa as long as it is within the original 90 day period that the first one was issued. It is up to the CO discretion.
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