Jump to content
Sign in to follow this  
eclipse115

Leaving the US after marriage?

13 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Canada
Timeline

I know you're not allowed to leave the US after you enter on your K-1 but is there anything you can file to allow that? Is there anyway to have a non-US honeymoon? What's the fastest outlook for being able to leave the US after coming in on a K1?

I'm asking in part because it would be nice to go to Canada for the honeymoon and in part because my fiance's parents are older and I want to know what would happen if he had a family emergency and had to return.


03/29/10: Mailed I-129F to CSC via Fed-Ex 2-day

03/31/10: Received by CSC

03/31/10: NOA1

06/09/10: NOA2

09/27/10: Medical

11/23/10: Interview

Share this post


Link to post
Share on other sites

You can file for AP when you file for Adjustment of Status.

It takes about... a month or so right now (That I've seen recently) to get your AP from the time you file for AOS.

That's the only way before getting a green card that you can travel. I think it's supposed to be for emergencies, but I believe people have used it for vacations before.

~*Moved from K-1 Process and Procedures to Working & Traveling prior to getting a Green Card*~

Edited by Rhiannercakes

~*Relationship Info In Profile And Fiance(e) Visa/Adjustment of Status/Removal Of Conditions Info In My Timeline*~

Looking for your favourite Canadian foods that you can't find in the US?

Try this site! http://www.canadianfavourites.com/

Share this post


Link to post
Share on other sites

I know you're not allowed to leave the US after you enter on your K-1 but is there anything you can file to allow that? Is there anyway to have a non-US honeymoon? What's the fastest outlook for being able to leave the US after coming in on a K1?

I'm asking in part because it would be nice to go to Canada for the honeymoon and in part because my fiance's parents are older and I want to know what would happen if he had a family emergency and had to return.

Yes, you have to apply for advanced parole (AP) for travel. The K1 visa is a one time entry visa with the sole purpose of allowing you entry to marry within 90 days of crossing the border. In other words, if you leave the country, you can't come back. You also require employment authorization document EAD in order to work legally.

If there is a family emergency, you may be able to work something out with USCIS, but I'm not sure.

Good luck and enjoy your honeymoon.


2007 Nov 30: Met in Las Vegas, Nevada

2009 Jul 13: Proposed/Engaged in Sedona, Arizona

2009 Dec 26: Married in Tucson, Arizona

USCIS

2009 Dec 30: Filed I-130

2010 Jan 02: I-130 delivered

2010 Jan 07: NOA1 - email - CSC

2010 Jan 11: Received NOA1 hardcopy

2010 Mar 24: NOA2 - email & text - NVC

2010 Mar 29: Received NOA2 hardcopy

I-130 was approved in 76 days from NOA1 date

NVC

2010 Mar 30: NVC received - case# assigned - emails given to NVC

2010 Mar 30: Opted in - DS3032 emailed to NVC

2010 Mar 31: Received AOS bill & DS3032 - paid AOS

2010 Apr 05: Online payment portal confirms paid AOS(Apr 2 processing date)

2010 Apr 05: Sent I-864 package

2010 Apr 15: EP confirmation email

2010 Apr 15: IV bill generated & paid

2010 Apr 15: Email confirmation - receipt of DS3032

2010 Apr 16: IV bill confirmed paid - sent DS230 package

2010 Apr 19: NVC operator confirms I864 & DS230 documents have been received

2010 Apr 21: AVR confirms all documents received Apr 19th

2010 Apr 23: Email from NVC: case complete - confirmed by NVC - sign in fail

Completed in 24 days

CONSULATE

2010 May 27: Email from NVC - consulate received file - interview Montreal Jul 27th

2010 Jun 16: Medical @ Woking Medical Centre, Vancouver, Canada - APPROVED

2010 Jul 27: Interview @ US Consulate in Montreal, Canada - APPROVED

Your interview took 201 days from your I-130 NOA1 date

2010 Aug 13:POE Washington - APPROVED

REMOVAL OF CONDITIONS

2012 May 14 - mailed I-751

2012 May 16 - delivered @ CSC

2012 Jun 18 - I 551 stamp

2012 Jun 28 - biometrics appointment NOA notice date Jun 7

2012 Dec 20 - approved

Share this post


Link to post
Share on other sites

USCIS press releases state this:

USCIS REMINDS APPLICANTS FOR ADJUSTMENT OF STATUS AND OTHER BENEFTS TO OBTAIN ADVANCE PAROLE BEFORE HOLIDAY TRAVEL ABROAD

Source


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites

I know you're not allowed to leave the US after you enter on your K-1 but is there anything you can file to allow that? Is there anyway to have a non-US honeymoon? What's the fastest outlook for being able to leave the US after coming in on a K1?

I'm asking in part because it would be nice to go to Canada for the honeymoon and in part because my fiance's parents are older and I want to know what would happen if he had a family emergency and had to return.

You should file I-131 with AOS/EAD package (which cost you total $1010). In AP, you should write up "Family Emergency" in purpose of travel.

See details : http://www.visajourney.com/forums/topic/249037-i131-help/

Share this post


Link to post
Share on other sites
Filed: Other Timeline

In AP, you should write up "Family Emergency" in purpose of travel.

You advising a new immigrant to lie to USCIS and declare an emergency, so that they can take a vacation?

The United States and its territories are of gigantic proportions, reaching from Alaska to Florida to California to Hawaii to the US Virgin Island. I'm sure you'll find a spot for your honeymoon somewhere within US territory. We all did.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites

Due to the stricter enforcement of immigration laws it is almost impossible for an illegal immigrant to marry if they do not have the documentation required by the state in which the license application is made.It is no longer possible to have a "quickie" marriage in Las Vegas or any US state.Be that as it may, a foreign national who is unlawfully present in the US will not be protected from deportation by marrying a US citizen.The non citizen spouse will still be required to return to his or her country of origin and file for reentry under the spousal laws.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

Due to the stricter enforcement of immigration laws it is almost impossible for an illegal immigrant to marry if they do not have the documentation required by the state in which the license application is made.It is no longer possible to have a "quickie" marriage in Las Vegas or any US state.Be that as it may, a foreign national who is unlawfully present in the US will not be protected from deportation by marrying a US citizen.The non citizen spouse will still be required to return to his or her country of origin and file for reentry under the spousal laws.

Huh?

In MN in order to get a marriage license it requires both people to show up with a picture ID. Not sure how that qualifies as stricter enforcement in order to make it impossible for an "illegal" to get married.


YMMV

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

Due to the stricter enforcement of immigration laws it is almost impossible for an illegal immigrant to marry if they do not have the documentation required by the state in which the license application is made.It is no longer possible to have a "quickie" marriage in Las Vegas or any US state.Be that as it may, a foreign national who is unlawfully present in the US will not be protected from deportation by marrying a US citizen.The non citizen spouse will still be required to return to his or her country of origin and file for reentry under the spousal laws.

I'm not sure where you're getting that from. You do not have to have a legal immigration status in order get married in the states. Actually, we didn't have to show *anything* - not IDs, birth certificates, passports, etc. The marriage license itself even has my wife's place of birth and they didn't question it at all and she was an "illegal immigrant". I can't find it now, but I researched this pretty closely before we got married to make sure we wouldn't have any problems and found an entire publication by some Catholic organization devoted to this issue. It seemed like the only problem people have had is not having a social security card. This publication documented potential problems with county clerks misinterpreting a federal law requiring them to get SSNs *of people who have them* and that it is occasionally misused to require people to have an SSN. Also, I am sure this varies significantly by state - where you live it may be quite difficult, but I can tell you that there was not even a blink of the eye when we got married.


AOS (from tourist w/overstay)

1/26/10 - NOA

5/04/10 - interview appt - approved

ROC

2/06/12 - NOA date

7/31/12 - card production ordered

N-400

2/08/13 - NOA date

3/05/13 - biometrics appt

6/18/13 - interview - passed!

7/18/13 - oath ceremony

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

I know you're not allowed to leave the US after you enter on your K-1 but is there anything you can file to allow that? Is there anyway to have a non-US honeymoon? What's the fastest outlook for being able to leave the US after coming in on a K1?

I'm asking in part because it would be nice to go to Canada for the honeymoon and in part because my fiance's parents are older and I want to know what would happen if he had a family emergency and had to return.

As has been answered above once someone enters the US as a K-1 fiance and gets married there are only 2 ways they can leave the US and return - with a green card or with a document known as an Advance Parole. If they leave without one of these they will be denied re-entry to the US and have to start the immigration process all over again from the beginning with a CR-1 visa.

Your wife will apply for the AP the same time she applies for the green card by filing for AOS with forms I-485 - Adjustment of status from non-immigrant fiance to Permanent Resident - and form I-131 - the permission to travel known as an Advance Parole. The AP generally takes about 60 days but could take up to 90 days after the application has been received, so unless you wish to delay your honeymoon several months you won't be able to honeymoon in Canada.

The nice thing about the AP is that one doesn't require an emergency to use it if they filed for one with the AOS package. Where it asks reason for request, your wife can write' elderly parents live outside of the US and I wish to be able to travel quickly in case of a family emergency'. I was in the same situation and that is what I wrote for both my APs. Where it asks for the planned travel date, she can write 'to be determined'.

If there is a true family emergency before she receives the AP but has filed for it, she can take the proof of the emergency (doctor's letter, etc.) along with her AOS receipt (she will receive this in the mail after filing) to your local USCIS, pay the AP fee and request an emergency AP. It can be processed within one or two days but she does need proof of the emergency - travel to visit isn't accepted.

So, if you wish to travel somewhere immediately after the wedding you are basically confined to the United States and its territories. If you are wiling to wait a few months to have your honeymoon then you would be able to travel to Canada after she gets either the AP or the green card. You could even do both - honeymoon within the US before receiving the AP and visit Canada after receiving the AP.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Share this post


Link to post
Share on other sites

You advising a new immigrant to lie to USCIS and declare an emergency, so that they can take a vacation?

I might be misunderstood. What they mentioned is if in-laws have emergency. That's ok if you even put nothing in this blank.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

On my I-131 attachment (see the example forms here) I listed three reasons for upcoming travel: "my brother's [then] upcoming wedding", "miscellaneous visits to family", and "possible future medical emergencies involving my elderly grandmother". I requested the AP document be good for multiple trips.

It got approved in 46 days. If an actual medical emergency had occurred, I could have taken proof of that down to an InfoPass appointment, as detailed above, and gotten an emergency AP document in a day or two.


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Share this post


Link to post
Share on other sites

We also wanted an international honeymoon trip, so we just put it off for some time - it will probably end up being a nice anniversary celebration.

Since we weren't planning any international travel, we also filled in the reason for travel as "In case of emergency" and the dates as "TBD - in case of emergency"


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...