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horst+brunnhilda

traveling abroad before AOS

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Filed: K-1 Visa Country: Germany
Timeline

Dear all,

We just got our NOA2, and so we're expecting to finally get married sometime this spring (march-may). The problem is that we would like to travel abroad this summer, both for work and pleasure. Our idea is for my fiancee to come here and for us to get married on the K1 visa. Then, we could go abroad for the summer and come back within the 90 day window you need to apply for AOS. Since my fiancee is German, she could enter the second time as a tourist at the end of the summer visa-free. Since I can only really travel this summer, this way we would like to avoid the problem of applying for AOS and waiting a long time to receive advance parole.

Has anyone done this before, is this feasible? I know you can't travel abroad after you apply for AOS, but can you travel abroad between getting married and applying for AOS?

Many thanks in advance, and good luck to everyone!

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Filed: Timeline
Dear all,

We just got our NOA2, and so we're expecting to finally get married sometime this spring (march-may). The problem is that we would like to travel abroad this summer, both for work and pleasure. Our idea is for my fiancee to come here and for us to get married on the K1 visa. Then, we could go abroad for the summer and come back within the 90 day window you need to apply for AOS. Since my fiancee is German, she could enter the second time as a tourist at the end of the summer visa-free. Since I can only really travel this summer, this way we would like to avoid the problem of applying for AOS and waiting a long time to receive advance parole.

Has anyone done this before, is this feasible? I know you can't travel abroad after you apply for AOS, but can you travel abroad between getting married and applying for AOS?

Many thanks in advance, and good luck to everyone!

Once your wife to be enters on her K1 visa and you get married you need the AP to be able to leave the US and re-enter..... if you do not have AP then she will be denied entry and you would need to start all over again with a spousal visa.....

She can not use the VWP to enter the US with the intent of remaining and filling for AOS..... that would be visa fraud and will get her banned from the US for a very long time....

Kez

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Filed: AOS (apr) Country: Germany
Timeline

i agree! once she entered (and you are married) you need the AP to get back to the states. she will be able to leave but she will have problems at the poe when she wants to come back cause they will know that she entered with a k1 visa. that is because they take her fingerprints and scan her passport, so she will be in their system.....

when you do this you abandon her status and you would have to file for a k3 and start all over again!

do us a favor and fill in your timeline so we know where and in which process you are!


blackribbonsmall.png

R.I.P Diana

1982 - 2008

K1 Timeline

01/13/2007 Sent I-129F to TSC

05/03/2007 Petition approved!!!

08/23/2007 INTERVIEW

09/12/2007 Frankfurt - JFK - Baltimore, MD

09//28/2007 applied for SSN

10/16/2007 CIVIL MARRIAGE

10/31/2007 SS Card finally arrived

AOS Timeline

11/13/2007 sent AOS package with AP and EAD

12/19/2007 biometrics in baltimore

01/09/2008 AOS transferred to CSC

01/12/2008 CEREMONY & RECEPTION

01/16/2008 EAD and AP in mail

02/14/2008 card production ordered, approved without interview

02/22/2008 GREEN CARD in mail

I751 Timeline

11/19/2009 sent I751 to VSC

11/21/2009 received at VSC

11/24/2009 check cashed

11/30/2009 received NOA dated 11/23/09

12/15/2009 early bio walk-in failed....

12/16/2009 request to reschedule sent

01/04/2010 biometrics in baltimore being rescheduled

01/20/2010 new biometrics

03/24/2010 card production ordered, approved without interview

03/29/2010 10 year GC in mail

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DO NOT LEAVE! You'll be very sorry later on. If you want to travel this summer, I suggest they come over as soon as your visa is issued and adjust immediately. Hopefully your AP and/or GC will come through before then, but be prepared it doesn't.


Lifting Conditions

01/19/2010 - Mailed I-751 Packet

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OR you can travel before and then enter the US, marry and file AOS. You have 6 months from issuance of the K1 to use it. But no, you can't enter on the K1 leave and come back before you have AP.


Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

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