My wife has travelled many times from Spain to the US. Spain is a member of the Visa Waiver Program and she had to travel back to Spain for a family emergency and now is ready to return. So my question: Will there be a problem with her returning using her passport as she always has or are they gonna flag her since she entered on the K-1 the last time so we could legally get married? I did not think this would be a problem because if the VWP, but now i have my doubts. Anyone know the answer?

If she entered as a K1 and left without Advance Parole, she cannot get back in the US on the VWP.

If you are still within the original 90 days, she can get the K-1 revaludated bu the Consulate to re-enter again, but the original 90 day clock is still running.

The K-1 is a single entry visa, if used the last time, and then left the country with out filing for AOS and AP, how will you be able to provide them with a copy if the I-94 card from when the K-1 visa was used? You will run into a problem when the copy of marriage cert shows a date before the entry listed on the I-485 paperwork used to adjust status.

Looks like you will now be filing for a new visa K-3 or CR-1 in order to re-enter the country and get green-card.

Wont work OP says "WIFE" in his post. K-1 is for FIANCE(E) only.

ooops...If you already got married, then forget what I told you in the last post. You will have to start all over again with the I-130....Been there..done that.

Not only that but US entry occured 04/11 (according to timeline)

Yep looks like that K-1 visa got tossed. New visa time!

Save a few bucks, and just file for the CR-1 visa, NO Adjustment of status and ($1010) involved. The should have done the correct thing and adjusted status, and applied for AP just after marriage, they would have been able to pay $395 for AOS and not much for the AP.

[quote name='YuAndDan' date='Sep 17 2007, 02:34 PM' post='1198500']
The K-1 is a single entry visa, if used the last time, and then left the country with out filing for AOS and AP, how will you be able to provide them with a copy if the I-94 card from when the K-1 visa was used? You will run into a problem when the copy of marriage cert shows a date before the entry listed on the I-485 paperwork used to adjust status.

We still have the original I-94 from her original entry. So, the date on the marriage cert. is after the date on the original I-94.

This raises the question: what if i get a job where i need to travel outside the US? Goverments are so not ready for this mobile world...geez

Hypothetically speaking, did you happen to get this job within the first 90 days of your arrival or after?

How to get through the POE with a voided K-1 visa in passport, and no AP document, or Green card? I would think this will raise a few questions.

Oh wait this is only the case for a K1 visa? (so the first 90 days). What about after those 90 days?

Your wife came on a K1 single entry visa..... you got married within the 90 days.... BUT looking at your timeline you did not file AOS or AP..... If your wife left the US after the 90 days, then because you did not file for AOS she has acquired overstay days.... to be able to use a VWP you have to answer the questions on the green form and one of the questions is about overstay of previous visas... she would have to answer yes to that question and that would make her ineligible for using the VWP ever again..... The VWP is for people from approved countries to be able to come to the US for tourist/ Vaccation it is not for people who are immigrating....

You wife will not be allowed back in to the US on the VWP and you will need to file for an spousal visa....

Kez

After coming in for a K1 and marrying within 90 days, you file the AOS, which includes the I-765 (application for work authorization) and AP (Advance Parole). With I-765 you can work. If your job requires travel overseas, you can use the approved AP to re-enter the country while your AOS is pending.

Just to give everyone an update here. Had the wife go to the US Embassy in Madrid and explain the situation. Embassy staff told her that she would be able to re-enter the country and that she would just have to explain what happened to the immigration official IF they even ask her anything. I am a skeptic so made her go back again the next day and ask again.....same answer. So, I will be back with an update to let everyone know how things turn out. Of course the caveat is that she will only be allowed to stay for 90 days and then return to Spain until we get the new IR-1 visa.

Diverdown

The people you should be checking with about the use of a VWP is the CBP at her point of entry not the embassy.... they can not say who will be admitted and who wont... give the CBP at the POE a call and ask them...

Kez

Found this on the CBP website:

Question Do I need advance parole to travel if I am here on a non-immigrant visa and have applied to adjust my status to Legal Permanent Resident? Answer For most visa categories, you do have to apply for advance parole to travel internationally if you have applied to become a legal permanent resident (LPR). Failure to obtain advance parole BEFORE departing the U.S. effectively invalidates your LPR application. It is not enough to have applied for advance parole, you must have received approval before you travel.

There are three exceptions to the requirement for non-immigrant visa holders to apply for advance parole. Those here in H1B, L and K3/4 status - and their dependents - do not require advance parole to travel after applying to adjust their status. (K1/2 visa holders who have married a U.S. citizen must apply for LPR status and advance parole prior to international travel.)

Just curious... how did it go with your wife in the end? Is she waiting in Spain or in the US now?

I just found something he posted today in the K-3 / CR-1 forum so I'm guessing he had to file the I-130...



I guess he hadn't heard of or didn't have time for an infopass for Emergemcy AP ??

Mark