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VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

YGB
Hello all,

My fiancee received her K1 visa about a month ago and is planning on moving here (U.S.) at the end of April. We are planning on getting married in June.

The problem is she wants to go back to Japan for her brother's wedding in early June before we get married.

Is this possible?
mozplay
Everything's possible, but this is a really short time frame. Your fiancee (then wife) can apply for Advance Parole (AP) along with the AOS application, however, it usually takes about 30+ days to get (somebody correct me if I am wrong here).

You may be able to apply to expedite the AP process, but perhaps someone with more experience than I can help you on this one.

Another option would be to get married legally sonner and start the process earlier.

Mo
Singers
A K-1 Visa is valid for ONE entry into the US. If she leaves before you get married you will have to start the process over again.

Once you are married, you must file for Adjustment of Status and at the same time for Advanced Parole. If she leaves without obtaining Advanced Parole she will have 'abandoned' her application and will not be allowed back into the US.
together2love
Singers is right, if she really wants to go back then either she has to start the whole process again, or get married ASAP and apply for AP with the AOS application. Then, if you don't receive it before she needs to leave, which is highly likely, then she can go to the district office in your area and see if she can get an emergency AP there. Look at this thread and others on this forum for other people's experiences. http://www.visajourney.com/forums/index.php?showtopic=48490
Dan + Gemvita
You wont be able to travel before AoS and get back into the country. Your best bet is to have a civil/courthouse wedding as soon as possible upon entry so you can file for AOS/AP right away. Then have your regular wedding later, when you planned it. I dont know how quickly AP will process, if it doesnt look like you have time, you can try to get it expidited by making an apointment at your local office.
John & Annie
The other option is for her to wait to come over until after her brothers wedding.

You have 6 months to enter the US from K1 issuance and 90 days to get married upon entry.
fwaguy
QUOTE(John & Annie @ Apr 2 2007, 09:27 AM) *
The other option is for her to wait to come over until after her brothers wedding.

You have 6 months to enter the US from K1 issuance and 90 days to get married upon entry.


This is probably the most doable approach from a logistics and paperwork processing standpoint because you are at risk of not getting what you need in time when you involve the US Government to process something in a timely manner...
YGB
I'm so silly I didn't even notice this part of the forums. blush.gif

Thanks everyone for their inputs good.gif
Yodrak
YGB,

Despite what some other posters have written, what you propose is possible. If a K1 leaves the USA before marriage the consulate can re-issue the visa. The person will have to be back in the USA and get married within 90 days of the original entry - before late July in your case.

But, the consulate is not required to re-issue the visa. So while what you propose is possible it is not a sure thing. The safest thing to do would be what John & Annie suggest.

Yodrak

QUOTE(YGB @ Apr 1 2007, 11:26 PM) *
Hello all,

My fiancee received her K1 visa about a month ago and is planning on moving here (U.S.) at the end of April. We are planning on getting married in June.

The problem is she wants to go back to Japan for her brother's wedding in early June before we get married.

Is this possible?
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