Question regarding Temp Green card from K1 Visa/Change of Status

[David Allen 3]

Is the 2 year Temporary Visa with Travel restrictions a requirement of the K1 Visa, or are all cases judged individually? If it is a requirement, when was this implemented?

The reason I am asking is because a person I know married his wife through a K1 Visa and he said his wife did not have any restrictions on re-entry for her Visa. They were married a few years ago. His fiancee was also from Thailand. I would really like for her to be able to visit her family without having to wait to file for parole 6 months in advance. I don't really see much written about how this policy is applied and would appreciate it if anyone had any insight to this or hear what user experience has been?

David

[David Allen 3]

Is the 2 year Temporary Visa with Travel restrictions a requirement of the K1 Visa, or are all cases judged individually? If it is a requirement, when was this implemented?

The reason I am asking is because a person I know married his wife through a K1 Visa and he said his wife did not have any restrictions on re-entry for her Visa. They were married a few years ago. His fiancee was also from Thailand. I would really like for her to be able to visit her family without having to wait to file for parole 6 months in advance. I don't really see much written about how this policy is applied and would appreciate it if anyone had any insight to this or hear what user experience has been?

David

[Kez/JWolf 6]

You seem to be a bit confused here. A 2 year Greencard is a conditional card you have to file to remove the conditions 90 days before the 2nd anniversary of the date the Greencard was approved, the conditions are that you remain married.

There is no restrictions on travel as long as you remain a permanent Resident. You can remain outside the US for 6 months or more without having a re-entry permit. you should read this link it explains what you must do to maintain the greencard status.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

hope this helps

Jon

[David Allen 3]

You seem to be a bit confused here. A 2 year Greencard is a conditional card you have to file to remove the conditions 90 days before the 2nd anniversary of the date the Greencard was approved, the conditions are that you remain married.

There is no restrictions on travel as long as you remain a permanent Resident. You can remain outside the US for 6 months or more without having a re-entry permit. you should read this link it explains what you must do to maintain the greencard status.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

hope this helps

Jon

Hi Jon,

Perhaps I am a bit confused here, because from what I have been reading and from conversations with USCIS folks it sounds like after we get married and file for change of status she will be issued a 2 year green card (temp), which from what I have been lead to understand, contains restrictions on Travel.

Is this not the case? Would travel restrictions only apply until after the change of status from fiancee to wife, and the temp green card is in her posession?? The information here is not very clear.

-David

[KimandRuss 0]

When you file for adjustment of status (2 year green card) you also file for advanced parole (travel) and ead (work). They are all included in the cost ($1,010). Once her AP is approved she will be able to travel. It's usually only a matter of a few months but you can check the AOS timelines for more accurate data.

[David Allen 3]

When you file for adjustment of status (2 year green card) you also file for advanced parole (travel) and ead (work). They are all included in the cost ($1,010). Once her AP is approved she will be able to travel. It's usually only a matter of a few months but you can check the AOS timelines for more accurate data.

Ok - that makes me feel better. I would hate to think we would have to wait 2 years to go back to visit Thailand again.

Inexpensive, this process is not!

Thanks to all for the replies and info.

-David

[eric_and_teresa 10]

And yes, the travel restriction ONLY applies while her GC is being processed. That's why she'll need AP to be able to travel while she is waiting to receive her GC.