Alien Fiance keeping his forgien job after we are married

[herold n shirley 0]

My alien fiance is a ships captain. He sails cargo ships all over the world. Our question is, will USNCIS allow him to come and go from the US after we are married and before he gets his green card so that he can continue doing his job? Does anyone know where I can find any information about his situation?

Thank you group!!

Shirley

[Kathryn41 3,205]

If he is coming on a K-1 visa for a fiance, then he will have problems. Once he enters the US on the K-1 he is required to stay within the US until he receives either his green card or his Advance Parole. You have to apply for both after you are married and the Advance Parole will take at least 3 months. If he is able to take a break from working for the 3 months - plus whatever wait time there is between when he enters the US and when he applies for AOS (green card) - then plan on him being out of work for a few months. If he has to work, then you might want to look at other options such as getting married first and then applying for a K-3 visa or a CR-1 visa. Both of those would be processed while he is outside of the US and then when he activated them (moved to the US) would allow him to leave and return to the US as required. He would still have to apply for a green card if you went the K-3 visa way but he would be allowed to leave and return to the US in the meantime. If you go for a CR-1 it would give him the green card when he crossed the border to the US.

Edited March 19, 2009 by Kathryn41

[Angela & Paul 12]

My alien fiance is a ships captain. He sails cargo ships all over the world. Our question is, will USNCIS allow him to come and go from the US after we are married and before he gets his green card so that he can continue doing his job? Does anyone know where I can find any information about his situation?

Thank you group!!

Shirley

Congratulations for another twist in the saga of loved ones on VJ forum

Seriously, congratulations for your engagement.

I will take a positive outlook on your situation and in case of a K-1 visa, I don't see why the USCIS would deny an expedite aka emergency Advance Parole with multiple entries (obtained at the local USCIS office). But then I may be naive...

You may want to get an InfoPass appointment and talk to an officer there.

[herold n shirley 0]

My alien fiance is a ships captain. He sails cargo ships all over the world. Our question is, will USNCIS allow him to come and go from the US after we are married and before he gets his green card so that he can continue doing his job? Does anyone know where I can find any information about his situation?

Thank you group!!

Shirley

Congratulations for another twist in the saga of loved ones on VJ forum

Seriously, congratulations for your engagement.

I will take a positive outlook on your situation and in case of a K-1 visa, I don't see why the USCIS would deny an expedite aka emergency Advance Parole with multiple entries (obtained at the local USCIS office). But then I may be naive...

You may want to get an InfoPass appointment and talk to an officer there.

Thank you for the congratulations and for the reply! Can you tell me more about this InfoPass appointment - what is it and where do I get it and where do I find the officer?

WAY too many questions, right?!?!?!

[herold n shirley 0]

If he is coming on a K-1 visa for a fiance, then he will have problems. Once he enters the US on the K-1 he is required to stay within the US until he receives either his green card or his Advance Parole. You have to apply for both after you are married and the Advance Parole will take at least 3 months. If he is able to take a break from working for the 3 months - plus whatever wait time there is between when he enters the US and when he applies for AOS (green card) - then plan on him being out of work for a few months. If he has to work, then you might want to look at other options such as getting married first and then applying for a K-3 visa or a CR-1 visa. Both of those would be processed while he is outside of the US and then when he activated them (moved to the US) would allow him to leave and return to the US as required. He would still have to apply for a green card if you went the K-3 visa way but he would be allowed to leave and return to the US in the meantime. If you go for a CR-1 it would give him the green card when he crossed the border to the US.

Thanks so much for the reply. Yes, he is coming in on the K-1 visa - we are at the consulate interview stage. I didn't know that we can apply for the K-3 as well as the K-1. The K-3 because he will then be my spouse, right? What do you think of the idea of getting an Info Pass appointment?

[Kathryn41 3,205]

If you have already filed for the K-1 then you won't be going the K-3 route unless you give up the K-1. You can only apply for the K-3 after you are married and while he is still outside of the US.

You can try to get an infopass appointment to discuss options with an Immigration officer after you are married and have filed for AOS and the I-131. They 'may' be able to expedite under the circumstances in order to allow him to continue to work, however, they may just tell you that you have to wait as well.

Quite honestly, I would suggest you plan on him not being able to work from the time he activates the K-1 until he receives the I-131 (Advance Parole) and allow 3 months for the AP after filing. You may be able to speed the time up, but from my experience with USCIS, I sincerely doubt it.

Good luck to you.

[JeroenAndMichelle 28]

until he receives the I-131 (Advance Parole)

Don't forget that the AP should only be used in case of emergencies... I know lots of people get away with just going on a holiday but if you get the wrong officer at the customs, then they are allowed to send you back where you came from.. also be prepared to do an interview right on the spot because of your leave.. and, not the least, remember that when you are granted access to the US on an AP, that you are still awaiting admission into the US officially and that this is actually grounds to start deportation whenever they feel like it..

Again, I know lots of people get away with it but it is just a small warning... if you don't need to use the AP, then just don't do it as it can give a lot of problems.

[Krikit 1,164]

until he receives the I-131 (Advance Parole)

Don't forget that the AP should only be used in case of emergencies... I know lots of people get away with just going on a holiday but if you get the wrong officer at the customs, then they are allowed to send you back where you came from.. also be prepared to do an interview right on the spot because of your leave.. and, not the least, remember that when you are granted access to the US on an AP, that you are still awaiting admission into the US officially and that this is actually grounds to start deportation whenever they feel like it..

Again, I know lots of people get away with it but it is just a small warning... if you don't need to use the AP, then just don't do it as it can give a lot of problems.

JeroenAndMichelle, people who have followed all the rules and laws of the US have nothing to fear when re-entering the US using their Advance Parole.

Shirley, once you are married he needs to file for his AOS, AP, and EAD. Once he has the receipt for the AP he can make an InfoPass Appointment to request an expedite of the AP based on the following from Page 3 of the USCIS I-131 Advance Parole guide:

"You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons."

He will need to take with him a covering letter with an explanation of why he requires an expedite and a letter from his employer. Now, having said all that, it is entirely up to the officer at the local office whether or not they will approve an expedite, so be prepared to be denied.

Good luck.

[rebeccajo 14]

But he's going to need AP plus his EAD.........................

Unless...............

He's probably already got a crewman's visa in his passport. Now the question in my mind is this.....is that visa still valid once he activates the K1? If it is, he should be able to continue working and traveling.....

Unless exiting the country somehow invalidates the K1 entry........

If it would invalidate the K1 then he cannot adjust from a K1. And a crewman cannot adjust status based upon marriage to a USC.

I think we need a lawyer to clear up this question. There may be a 'conflict' between the gentleman's personal life plans and his employment situation.

Edited March 22, 2009 by rebeccajo

[Krikit 1,164]

But he's going to need AP plus his EAD.........................

Yes, sorry. He'll need to take the EAD receipt with him also.

[WROCLAW 0]

good luck