When can we return to her home country?

[Craig D 0]

Sorry if this has been asked already, I tried search but was not successful:

How long is it before we can go back to her country (Peru) to visit her family? She has never been away from home for more than a week, so its going to be tough for her to be away from her family , thus wants to return to visit ASAP. Someone mentioned we may be able to go back during the 90 window we have to get married, others have said no. If not, can we go after our marriage ?

[Ladylethal 12]

The K1 visa is valid for ONE entry. If she leaves in that period she can't return on that visa.

After you get married you can apply for AOS and AP, once the AP is approved and received (if approved before the AOS) she'd be permitted to leave the country, but not before that. If you don't get the AP then only after she receives her GC.

Edited June 15, 2009 by *Laura*

[Craig D 0]

The K1 visa is valid for ONE entry. If she leaves in that period she can't return on that visa.

After you get married you can apply for AOS and AP, once the AP is approved and received (if approved before the AOS) she'd be permitted to leave the country, but not before that. If you don't get the AP then only after she receives her GC.

No clue what that means.

[Bobby+Umit 161]

The K1 visa is valid for ONE entry. If she leaves in that period she can't return on that visa.

After you get married you can apply for AOS and AP, once the AP is approved and received (if approved before the AOS) she'd be permitted to leave the country, but not before that. If you don't get the AP then only after she receives her GC.

No clue what that means.

AP = advanced parole. I-131. She will need that to travel before getting her greencard (GC). If she leaves before getting the AP/GC, she will not be able to return, and your AOS is cancelled. (means you have to start over to get another visa to bring her here, again).

AOS = adjustment of status. When she comes here on the K-1 - she has 90 days to get married, (I-94), so you get married then you file for the AOS, so she can get her GC.

if you havne't done do.

[Ladylethal 12]

Based on the questions, please read the guides even if you have already done so.

Either way, no, she can't leave the US after entering on a K1 until she has her Green Card or until she has an Advance Parole document in hands (which you apply alongside your Adjustment of Status petition) authorizing her to leave the country.

[conquest 0]

Its going to be awhile before she can leave the country

[Gary and Alla 3,696]

Sorry if this has been asked already, I tried search but was not successful:

How long is it before we can go back to her country (Peru) to visit her family? She has never been away from home for more than a week, so its going to be tough for her to be away from her family , thus wants to return to visit ASAP. Someone mentioned we may be able to go back during the 90 window we have to get married, others have said no. If not, can we go after our marriage ?

No, not with in the 90 day window UNLESS you get married at the airport and drop the AP application in the mail on the way home and then get lucky.

1. Get SSN in her MAIDEN name the day after she arrives

2. Get married (within 90 days)

3. File for AOS, AP, EAD as soon as you can ($1010)

4. Wait 2-6 months for EAD, AP and Green card

5. Change name on SS card to marreid name AFTER she has her green card (if she wants)

She can travel home when she has the AP. We received our EAD, AP An Greencard all about the same time, 2 months fater filing for AOS

[Susita 175]

Sorry if this has been asked already, I tried search but was not successful:

How long is it before we can go back to her country (Peru) to visit her family? She has never been away from home for more than a week, so its going to be tough for her to be away from her family , thus wants to return to visit ASAP. Someone mentioned we may be able to go back during the 90 window we have to get married, others have said no. If not, can we go after our marriage ?

Craig ...

I know everyone has said this but make sure you read the guides, they are so helpful.

My husband is from Peru too, he's been here since October and we're going to visit his family in Peru in December. We received AP (the document which you apply for with your permanent residency) but we did not have the money at the time to take a trip, plus he had just gotten his EAD (employment authorization) and started working and didn't want to request off so quickly. Technically though, as soon as you have the AP you can go. I would honestly take it day by day, see how she feels once she gets here. She may be okay to wait for more than she might think, especially if she has things going on like my husband (work, school etc). He's a very busy guy.

Good luck and if you have ANY questions about the process that you can't understand from the guides or if you just want to vent, etc. message me

Take Care,

Suzy

[baron555 934]

Based on the questions, please read the guides even if you have already done so.

Yes

Either way, no, she can't leave the US after entering on a K1 until she has her Green Card or until she has an Advance Parole document in hands (which you apply alongside your Adjustment of Status petition) authorizing her to leave the country.

Actually the GC and the AP allow you to reenter the US; anyone can leave at any time. No restrictions for leaving but many for returning.

[ldw 0]

Based on the questions, please read the guides even if you have already done so.

Yes

Either way, no, she can't leave the US after entering on a K1 until she has her Green Card or until she has an Advance Parole document in hands (which you apply alongside your Adjustment of Status petition) authorizing her to leave the country.

Actually the GC and the AP allow you to reenter the US; anyone can leave at any time. No restrictions for leaving but many for returning.

Can you please explain which restrictions are applied on return?

I have entered on K-1 in 2006 from Ukraine, passport with maiden name.

Currently, I have received my greencard after conditions removal approval.

I have bought tickets for my married name - as in my greencard.

Passport was not exchanged (still has maiden name with expired K-1)

Will there be any complications for me to return? Are there any supportive documents I should have?

Thank you very much in advance for your advice!

PS. Did not find any related information in FAQ or Guides - if I missed it, please point where to look. Thank you.

[JimVaPhuong 4,864]

Based on the questions, please read the guides even if you have already done so.

Yes

Either way, no, she can't leave the US after entering on a K1 until she has her Green Card or until she has an Advance Parole document in hands (which you apply alongside your Adjustment of Status petition) authorizing her to leave the country.

Actually the GC and the AP allow you to reenter the US; anyone can leave at any time. No restrictions for leaving but many for returning.

Can you please explain which restrictions are applied on return?

I have entered on K-1 in 2006 from Ukraine, passport with maiden name.

Currently, I have received my greencard after conditions removal approval.

I have bought tickets for my married name - as in my greencard.

Passport was not exchanged (still has maiden name with expired K-1)

Will there be any complications for me to return? Are there any supportive documents I should have?

Thank you very much in advance for your advice!

PS. Did not find any related information in FAQ or Guides - if I missed it, please point where to look. Thank you.

Baron was just correcting the previous post by Ladylethal. He was stating that you CAN, in fact, leave the US if you entered on a K-1. You would just have trouble getting back in to the US without either an AP or greencard.

You should be fine, but you might want to have a copy of your marriage certificate to show that the name on the passport and the name on the green are, in fact, the same person.

P.S. If you plan on being gone for an extended period then you should probably apply for a re-entry permit. Don't do anything that would be seen as abandoning your residency, such as giving up your house or apartment, or taking up residence in another country.

Edited July 1, 2009 by JimVaPhuong

[ldw 0]

Based on the questions, please read the guides even if you have already done so.

Yes

Either way, no, she can't leave the US after entering on a K1 until she has her Green Card or until she has an Advance Parole document in hands (which you apply alongside your Adjustment of Status petition) authorizing her to leave the country.

Actually the GC and the AP allow you to reenter the US; anyone can leave at any time. No restrictions for leaving but many for returning.

Can you please explain which restrictions are applied on return?

I have entered on K-1 in 2006 from Ukraine, passport with maiden name.

Currently, I have received my greencard after conditions removal approval.

I have bought tickets for my married name - as in my greencard.

Passport was not exchanged (still has maiden name with expired K-1)

Will there be any complications for me to return? Are there any supportive documents I should have?

Thank you very much in advance for your advice!

PS. Did not find any related information in FAQ or Guides - if I missed it, please point where to look. Thank you.

Baron was just correcting the previous post by Ladylethal. He was stating that you CAN, in fact, leave the US if you entered on a K-1. You would just have trouble getting back in to the US without either an AP or greencard.

You should be fine, but you might want to have a copy of your marriage certificate to show that the name on the passport and the name on the green are, in fact, the same person.

P.S. If you plan on being gone for an extended period then you should probably apply for a re-entry permit. Don't do anything that would be seen as abandoning your residency, such as giving up your house or apartment, or taking up residence in another country.

Thank you very much. I am going for 2 weeks only.