leaving America on K1 before AOS

[rinser 0]

Hi,

I've recently moved to America and married. On the day of our wedding (24th October) my wifes grandfather who was visiting from New York died. We had to travel to New York for the funeral 5 days later and thought as we were over that way we should drive back via Niagra Falls.

When we arrived at Niagra we decided to stay for the night as some sort of honeymoon and everyone said how much better it looks from the Canadian side. Just as we started driving across the bridge to customs and immigration, I remembered reading somewhere that maybe I wouldn't be allowed to leave the US whilst on a K1 visa but, I wasn't to sure if that was just before we were married or before I had adjusted my status.

I explained in full detail my situation to the immigration officer at the border and he said "Oh yeah, you have your K1 visa, its fine for you to visit Canada" and before I could ask anything else he put a stamp in my passport.

So, we went and had a nice time but, now I've been reading up about the situation I think it could really jeopardize our future together in the US.

If anyone has been in this situation or one similar before please advise.

Thank you.

Dave

[TayRivers 4]

Hi,

I've recently moved to America and married. On the day of our wedding (24th October) my wifes grandfather who was visiting from New York died. We had to travel to New York for the funeral 5 days later and thought as we were over that way we should drive back via Niagra Falls.

When we arrived at Niagra we decided to stay for the night as some sort of honeymoon and everyone said how much better it looks from the Canadian side. Just as we started driving across the bridge to customs and immigration, I remembered reading somewhere that maybe I wouldn't be allowed to leave the US whilst on a K1 visa but, I wasn't to sure if that was just before we were married or before I had adjusted my status.

I explained in full detail my situation to the immigration officer at the border and he said "Oh yeah, you have your K1 visa, its fine for you to visit Canada" and before I could ask anything else he put a stamp in my passport.

So, we went and had a nice time but, now I've been reading up about the situation I think it could really jeopardize our future together in the US.

If anyone has been in this situation or one similar before please advise.

Thank you.

Dave

If you are back in the US then you should not have any problems, did CBP give you a new I-94 or do you still have your original?

[payxibka 10,048]

You may be fine, but I would not be so bold as to say you should be fine... technically the moment you step outside the US your K-1 status terminated....

[Stephen + Elisha 92]

You may be fine, but I would not be so bold as to say you should be fine... technically the moment you step outside the US your K-1 status terminated....

Well, the OP was inspected and admitted by a CBP officer—this is a good thing.

The $64,000 question is "Under what status of stay?"

If the CBP officer paroled the OP into the US (essentially AP without an AP) under the K-1 status, then AOS should be no different than usual. But if the OP was admitted as a VWP visitor, presumably they will have to file an I-130 along with the I-485.

[rinser 0]

Thank you for your quick response.

If you are back in the US then you should not have any problems, did CBP give you a new I-94 or do you still have your original?

I still have my original I-94

The $64,000 question is "Under what status of stay?"

If the CBP officer paroled the OP into the US (essentially AP without an AP) under the K-1 status, then AOS should be no different than usual. But if the OP was admitted as a VWP visitor, presumably they will have to file an I-130 along with the I-485.

I have no idea how he admitted me, I'm guessing he did it just as a normal visitor.

I'm doomed

[payxibka 10,048]

Thank you for your quick response.

If you are back in the US then you should not have any problems, did CBP give you a new I-94 or do you still have your original?

I still have my original I-94

The $64,000 question is "Under what status of stay?"

If the CBP officer paroled the OP into the US (essentially AP without an AP) under the K-1 status, then AOS should be no different than usual. But if the OP was admitted as a VWP visitor, presumably they will have to file an I-130 along with the I-485.

I have no idea how he admitted me, I'm guessing he did it just as a normal visitor.

I'm doomed

Were you given a new I-94?

[john_and_marlene 162]

You aren't doomed. You just can't file for adjustment based on the K-1. Submit I-130 with the adjustment application. Your short visit back to Canada has just cost you the I-130 fee.

[Krikit 1,166]

I agree with TayRivers. Just apply for the AOS as you normally would. Others have left and been readmitted in error and they have had no problem. Please come back and tell us how you made out. Good luck.

[rinser 0]

I wasn't issued with another I-94.

So, on the I-845 AOS form do you think I should give my arrival date and place as my return from Canada or should I give the date and place I originally came to America on my K1 visa.

Also, my passport was stamped on the way to Canada but, not on the way back. Is that usual?

[payxibka 10,048]

I wasn't issued with another I-94.

So, on the I-845 AOS form do you think I should give my arrival date and place as my return from Canada or should I give the date and place I originally came to America on my K1 visa.

Also, my passport was stamped on the way to Canada but, not on the way back. Is that usual?

your passport was not stamped coming back in but was it "swiped" in the computer?

The USCIS will look up your entry record... and if on your last entry you were admitted as a "tourist," I find it hard to believe that an adjustment from K-1 is even remotely possible.... your status is the status that you were granted on your last recorded entry.

Edited November 3, 2009 by payxibka

[rinser 0]

I went to the USCIS office in Cincinnati today and explained everything to the fella there and he said it would be fine. He also said if I had started the I-485 process off it would be a different story but since I haven't and I haven't overstayed my visa everything is cool. When I fill out the I-485 for now I have been told that the arrival date and port of entry fields on the form should be from my original entry with my K1 visa.

The immigration office also gave me form I-765 (Application for Employment Authorization) and told me I should file it with form I-485 because it is no extra cost and it can get me a work visa much faster. All in all a good visit to USCIS.

Thank you everyone for you help though, it's been much appreciated.

Edited November 6, 2009 by rinser