Dazed and Confused...

[Hendea3 4]

OK so this past weekend I was in my fiances hometown adn I met with a woman who is also in the process of applying for a fiance K-1 visa. When I mentionned something to the fact that once I enter into Canada under my K-1 visa I will not be allowed to leave US soil until I have my AOS to a resident (UNLESS I applied for an emergency temporary leave ( i think its named advanced parole but not 100% as i dont plan on doing it) if some ergency arrived as like the death of an immeadiate family member etc. )she looked at me like I was nuts and didnt know what I was talking about.

She continued to tell me that her fiances children will stay and live in Canada while he moves to the US on the K-1 but that he would be allowed to go back and forth to visit (even before the AOS) is this true? is she right? am I right? or is there something different that he may be applying for since he has children???

Help!

THanks

[canadian_wife 1,791]

I think you mean when you enter the US on a K-1, not Canada

Anyway, K-1 can only be used once. You can leave you anytime you want. However, to re-enter the US, you either need a green card or your AP (advanced parole). The AP is simply a document you apply for, a dire situation is not necessary.

So, in a way you are both right

Good luck

[Hendea3 4]

lol yes I meant after entering US. When I mentionned AP she said no no you dont need anything extra he can come and go as he pleases. I asked if he had some other type of Visa as well...maybe a work visa ro soemthing but that wasnt the case either...

[canadian_wife 1,791]

Disregard what that woman says, you need AP to re-enter the US before you get your green card

Good luck

[Hendea3 4]

if thats the case I feel bad for her because they are going to be in for a rude awakening whenever the visa is granted...thanks for the confirmation!

[belinda63 2,981]

That is not to say the person will be prevented from leaving just to say that without AP they may not be permitted to re-enter and/or have their AOS considered abandoned. Since traveling across the border to and from Canada is sort of a wave them through thing, or at least used to be, with no visa required they may not realize the consequences if something happens and it is entered into the system that he has left the US. Might be his AOS will be canceled due to abandonment, might be nothing will happen.

I wouldn't want to take the chance. AP is easy to apply for at no additional cost with the AOS and usually only takes a few months to receive. I would be willing to wait just to have the peace of mind.

[payxibka 10,044]

not a K-1 fiance(e) visa general discussion topic... moving thread

[JimVaPhuong 4,863]

Eligibility to adjust status is based on what status you had when you LAST ENTERED THE US. If her fiance enters the US with a K1 visa, then his last entry was K1 - if he marries the petitioner, then he's eligible to adjust status. If he subsequently leaves before applying to adjust status then he may indeed be permitted to reenter as a Canadian visitor. However, his status at LAST ENTRY will be a VISITOR - NOT A K1. She would have to submit an I-130 in order for him to be eligible to adjust status. If he leaves AFTER applying to adjust status, and without receiving advance parole, then his AOS application will be abandoned. Again, an I-130 will be needed to apply again.

The woman you met is in for a rude awakening...

[Prawninator 138]

If you have not received your Green Card, then yes you need an Advanced Parole to leave the country. Doesn't matter which country the beneficiary is from, neighboring or not.

You should have directed her to this website.

[Hendea3 4]

Once we got on the topic...she started gettign defensive so I dropped the topic, I was just about going to ask her if she was a VJer before we started talking about the ability/inability to cross after entering on K-1 but I figure it was best to leave it alone. I was with my FMIL and her mother so I did not want to have a scene be made...(teh lady was aloos the owner of the bridal shop adn seeing as there's only 2 in town I thought it best not to ruffle anyd feathers....)

Thanks for the confirmation guys!

[Kimbear 53]

first question the cbp asked me when i showed up with my k1 package was " what are you not allowed to do after you enter on your k1 visa?" the answer he was looking for, " i'm not allowed to leave, unless i get my ap or my green card".

[Cdnwmn 0]

Tell her to have him go and try it and then let you know how it all turned out.

A bit of a different take on this one compared to that woman's situation: I remember when my husband's friend brought a woman into the U.S. from Canada. They got married on her visit, didn't even apply for AOS and the two of them went back to Canada to visit her folks for a couple of weeks. My husband told the guy that's not how it worked, she couldn't just leave like that and expect to come back into the U.S. after the visit. Further paperwork needed to be done. Well he thought he knew it all, argued with my husband, etc, etc. Came time for them to return to the U.S. Border guard asked where her greencard or AP was. Surprise! He told the guy he could enter as he was a U.S. citizen but she had to remain in Canada until she had either a greencard or AP and not to attempt crossing without one or the other or they would slap a ban on her.

[JimVaPhuong 4,863]

first question the cbp asked me when i showed up with my k1 package was " what are you not allowed to do after you enter on your k1 visa?" the answer he was looking for, " i'm not allowed to leave, unless i get my ap or my green card".

Jeez, I would have screwed that up so badly. I can't help being catty when I get challenged by a government official. If I had been asked that question I probably would have said "Gee, I don't know. Marry my REAL girl friend?"

God, please help me to keep my mouth shut at the AOS interview.