Married in USA. How long before she can travel back to Philippines?

[jroc 0]

Assuming I fly my Fiance to America and marry her immediately and apply for the adjustment...how long before she can travel back to Philippines ? Will she be able to travel there within 3 months???

[SuperDuper! 230]

Assuming I fly my Fiance to America and marry her immediately and apply for the adjustment...how long before she can travel back to Philippines ? Will she be able to travel there within 3 months???

You will want to file the AOS ASAP. And wait for her green card to be issued. Sure, she could travel with AP, but what if you require an interview for AOS, and she has to race back to US for that. Not worth it under most circumstances.

Most green cards take closer to 6 months to be issued. Good luck.

You Betcha!

Edited June 17, 2010 by Hopp

[jroc 0]

So she can travel on the AP? How long to get the AP from the time we are married?

[payxibka 10,044]

So she can travel on the AP? How long to get the AP from the time we are married?

about 60 days after you apply..

not a K-1 visa general discussion topic, moving thread

[Monday Jones 6]

So she can travel on the AP? How long to get the AP from the time we are married?

These things vary, of course, but I mailed in the AOS packet March 8th, 2010, and my husband's green card was approved June 16th (100 days). He received his EAD (from what I can tell is usually approved about the same time as the AP) on June 11th- 96 days. We live in California, which may take longer than other parts of the US.

Also consider that the evidence takes time to put together. Some things, like a joint bank account, will be more difficult if she is here on a Tourist Visa, since she won't have a Social Security Number. (I am assuming that you are going to bring her on a tourist visa.) You can work on some of the evidence before-hand (phone bills, etc).

Also, Advance Parole doesn't necessarily get someone back in the country. My husband, for example, was out of status for nearly a decade. Had he left the country during that time, he would incur a ten year ban. The AP allows the person to leave the country and not give up their AOS/green card application, not a right to come back into the country. If my husband were to have left during the time his application was pending, he would still have that ten year ban (eek!). I only mention this because if your fiancee comes over on a tourist visa, Border people might think she was defrauding the gov't the first time around (and how would she come back again, except on a tourist visa?). If you are doing a fiancee visa, you can ignore the above.

[I'm Gone 60]

I'm wondering why the big rush to go back? My wife has been here 8 years and she is going back for the 1st time next month.

[jroc 0]

I'm wondering why the big rush to go back? My wife has been here 8 years and she is going back for the 1st time next month.

I work from anywhere...quite frankly I want to also come back to the PI....I much prefer it to the fast paced life of America....however I want her to have her green card...

These things vary, of course, but I mailed in the AOS packet March 8th, 2010, and my husband's green card was approved June 16th (100 days). He received his EAD (from what I can tell is usually approved about the same time as the AP) on June 11th- 96 days. We live in California, which may take longer than other parts of the US.

Also consider that the evidence takes time to put together. Some things, like a joint bank account, will be more difficult if she is here on a Tourist Visa, since she won't have a Social Security Number. (I am assuming that you are going to bring her on a tourist visa.) You can work on some of the evidence before-hand (phone bills, etc).

Also, Advance Parole doesn't necessarily get someone back in the country. My husband, for example, was out of status for nearly a decade. Had he left the country during that time, he would incur a ten year ban. The AP allows the person to leave the country and not give up their AOS/green card application, not a right to come back into the country. If my husband were to have left during the time his application was pending, he would still have that ten year ban (eek!). I only mention this because if your fiancee comes over on a tourist visa, Border people might think she was defrauding the gov't the first time around (and how would she come back again, except on a tourist visa?). If you are doing a fiancee visa, you can ignore the above.

On a k1 Fiance visa and married it is hard to open a bank account???

These things vary, of course, but I mailed in the AOS packet March 8th, 2010, and my husband's green card was approved June 16th (100 days). He received his EAD (from what I can tell is usually approved about the same time as the AP) on June 11th- 96 days. We live in California, which may take longer than other parts of the US.

Also consider that the evidence takes time to put together. Some things, like a joint bank account, will be more difficult if she is here on a Tourist Visa, since she won't have a Social Security Number. (I am assuming that you are going to bring her on a tourist visa.) You can work on some of the evidence before-hand (phone bills, etc).

Also, Advance Parole doesn't necessarily get someone back in the country. My husband, for example, was out of status for nearly a decade. Had he left the country during that time, he would incur a ten year ban. The AP allows the person to leave the country and not give up their AOS/green card application, not a right to come back into the country. If my husband were to have left during the time his application was pending, he would still have that ten year ban (eek!). I only mention this because if your fiancee comes over on a tourist visa, Border people might think she was defrauding the gov't the first time around (and how would she come back again, except on a tourist visa?). If you are doing a fiancee visa, you can ignore the above.

On a k1 Fiance visa and married it is hard to open a bank account???

[w8inglongtime 29]

Keep in mind that the K-1 visa is a single entry visa so she may not be allowed back if she leaves without a green card. Maybe others on here who have tried it (k-1 + AP) may chime in.

[jroc 0]

Keep in mind that the K-1 visa is a single entry visa so she may not be allowed back if she leaves without a green card. Maybe others on here who have tried it (k-1 + AP) may chime in.

That is exactly what I am trying to fine out...what she will need once married in the USA to be able to travel anywhere outside the US...Philippines, Bahamas, Mexico etc....

[w8inglongtime 29]

That is exactly what I am trying to fine out...what she will need once married in the USA to be able to travel anywhere outside the US...Philippines, Bahamas, Mexico etc....

jroc, I think your wife will need her greencard to be able to come back. Granted she will be legally in the country, she won't have a fixed status yet untill the petition is approved. I won't take the risk if I were you. It shouldn't take more than 3 months to get the card assuming everything checks out well ofcourse.

[HeatDeath 430]

That is exactly what I am trying to fine out...what she will need once married in the USA to be able to travel anywhere outside the US...Philippines, Bahamas, Mexico etc....

Remember, "Permanent Residence" (of which the Green Card is merely physical documentation) is given out with the understanding that the resident will be actually residing in the US on a permanent basis. If she stays outside the US for more than 6 months with no visible residence inside the US, or outside for more than a year with no reentry permit, she will stand a very real danger of her GC being revoked by CBP when she attempts to reenter.

The only status that will allow her to travel the globe for long periods of time and reenter the US is US citizenship. And she won't be able to apply for that until she has been a PR for 3 years.

...

Opening a bank account in the US is reasonably easy for a K-1 entrant. She will need a US SSN, which she can get from the SSA office about 1-2 weeks after she enters the US. It's that part of your plan that may involve extended periods abroad that may present a real problem.