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ACGeiger

Time Restrictions once you arrive in the US

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Filed: K-1 Visa Country: Sweden
Timeline
so let me get this right....My fiance came in march 90 days ran out in June we got married in may how can i get approval for her to visit home? I was told to apply for aos and work permit all at the same time but it cost upwards of a 1,000 if I can file papers for her to visit home without paying this that would be great.

K1 is a single use visa. Without apply for AOS and Advance Parole she has no legal way of reentering the US.

It is not a good idea to delay the AOS. Why take the risk of some random situation arising where your wife's out of status situation results in removal proceedings / extra stress in your life?

This is no way you can allow her to visit home and return to the US without paying for the AOS - or if she left, without paying for the whole immigration process all over again from the beginning for a spousal visa while she waits overseas. You are doing her a great disservice by not applying for her AOS as soon as possible. She is now accumulating out of status days. 180 out of status days means that if she leaves the US even with the AP she would not be allowed to re-enter for 3 years. If she has a year of out of status days it means she would be barred from returning to the US for 10 years. She is also at risk for being picked up and deported by immigration. Do whatever you can to get the money together for the AOS - the work authorization and AP are included in that price - but she can't get either of those until she has filed for AOS.

Yea we will probably go and visit some place nice in the US to avoid any complications that may arise, I just thought a cruise sounded fun... I guess I got ahead of myself haha.

With regards to the AOS, what is the exact cost and you are allowed to file for one as soon as you receive a marriage license correct? In your experience, is it worth getting the temporary work authorization (EAD)?

Timeline:

01-05-2008 - Met Linnea on the 5th day she was in the States

12-21-2008 - Linnea returned to Sweden

01-10-2009 - Joined Linnea in Sweden

06-15-2009 - Engaged!

06-22-2009 - Sent K1 Packet

06-29-2009 - Received NOA1

09-21-2009 - Received NOA2

11-06-2009 - Linnea Interviews

11-06-2009 - Received Notice stating we needed a waiver for 212(e) Student Visa

01-05-2010 - Went to Sweden to be with Linnea while we waited and to help with waiver

03-22-2010 - Linnea gets waiver for 212(e)!

05-16-2010 - Linnea enters into the US at Newark

05-22-2010 - Legally Married

07-17-2010 - Wedding in Savannah, GA.... so much fun

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Filed: Other Country: Afghanistan
Timeline

The cost for AOS is 1010. The temp EAD has been phased out, however I can confirm that she will not be penalized for working for her employer in Sweden. I too had this question which our attorney answered for us at the end of our K1.

The IO at our interview also confirmed this. However you will need to report her income come tax time. (you have a few options here)

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