Question about travel after marriage

[pbige08 0]

Hello! I will soon be marrying my Japanese fiance, and I had a question about her being able to travel after our marriage. We plan to get married sometime next year around August or September(depending on when they approve the K1 Visa request), but her brother is also getting married in October. She wants to be able to attend his wedding which I totally understand. I have read that immediately after marriage you should apply for a green card, but while the green card request is being processed you may not travel because if you do they may not allow her to re-enter the US(if you want to travel their is a form that takes like 3 months to process, but we wouldn't have time for that). I know after marriage you have 90 days to file the "adjust to permanent resident status" form. If we got married, then she would just wait until she came back after her brother's wedding to apply for the green card(so she would travel within the 90 day window you have to apply for the green card and then apply when she came back). Would she be denied re-entry if we did this? Or is the easiest way to just wait after October?

If anything seems confusing let me know, while typing it, it sounded like a really convoluted plan lol. In any case, any advice about this is appreciated!

Thank you!

[pbige08 0]

Also, if this is placed under the wrong forum I apologize, I notice there is another forum related to travel before and after green card, but it didn't seem to answer any question I had...

[Inky 1,110]

You are VERY confused.

You cannot re-enter on a k-1 it is ONE TIME USE ONLY. She enters you get married in 90 days and then you apply for AOS, EAD and AP. She CANNOT leave untill she has AP or the green card. If she does leave after entering and marrying on the K-1. She will not be permitted back in and you will have to file ALL over again for a CR-1.

[VanessaTony 3,567]

There is no deadline to file AOS. The 90 day window is only to marry. AOS can be filed whenever (after marriage) but she CANNOT leave the US until she has the AP document (or GC), she cannot work without the EAD (or GC).

It takes around 2 months for the AP and EAD to process. GC takes around 3 months but it can take longer.

She has 6 months to use the K1 after it's been approved. You say you'll be marrying her "soon" but August/Sept is not "soon"... Anyway, depending on when she's approved she may want to wait to move to the US until after her brothers wedding, otherwise there's no guarantee she'll make it there.

** moved from "K1 Process & Procedures" to "Working and Travelling" as this i a qn relating to travel during AOS **

Edited November 21, 2010 by Vanessa&Tony

[HeatDeath 430]

Once her visa is issued to her, she will have 6 months to wrap up everything that needs wrapping up in Japan, and move to the US.

Once she enters the US, she will have 90 days to marry. You should file for her AOS, temporary work document (EAD) and temporary travel document (AP) as soon as possible after the wedding [as in before the week is out. It's best to have all of the forms filled out, as if you are already married, dated the day after the wedding, before the wedding. That way you can mail them off the instant you get the marriage certificate back.]

Once you send in the AOS, EAD, and AP application packet, the AP document, which would allow her to reenter the US after travelling back to Japan, will be approved and mailed back to you in 6-8 weeks. She can NOT leave the country until that AP doc has been approved [and preferably, is in her hand].

As you can see, the vast majority of the slack in this schedule is the 6 months between visa issuance and visa expiry. In your shoes, I would have her stay in Japan until after the brother's wedding. Definitely far more likely to work than hoping the AP document comes back in time.

Your stated plan, for her to enter the US on the K-1, marry you, fly back to Japan for the wedding, and then return to the Us and file for adjustment of status WILL NOT WORK AT ALL! She will be locked out of the US, and you will be beginning the immigration visa process all over again, this time for a spousal visa. Don't do it. Once she enters on that K-1 visa, she's locked in here until she has an AP document or a green card in her hand! Best bet is to take advantage of the 6 months of visa validity and not enter the US until after the brother's wedding.

Edited November 21, 2010 by HeatDeath

[Gary and Alla 3,694]

Hello! I will soon be marrying my Japanese fiance, and I had a question about her being able to travel after our marriage. We plan to get married sometime next year around August or September(depending on when they approve the K1 Visa request), but her brother is also getting married in October. She wants to be able to attend his wedding which I totally understand. I have read that immediately after marriage you should apply for a green card, but while the green card request is being processed you may not travel because if you do they may not allow her to re-enter the US(if you want to travel their is a form that takes like 3 months to process, but we wouldn't have time for that). I know after marriage you have 90 days to file the "adjust to permanent resident status" form. If we got married, then she would just wait until she came back after her brother's wedding to apply for the green card(so she would travel within the 90 day window you have to apply for the green card and then apply when she came back). Would she be denied re-entry if we did this? Or is the easiest way to just wait after October?

If anything seems confusing let me know, while typing it, it sounded like a really convoluted plan lol. In any case, any advice about this is appreciated!

Thank you!

She will not be able to leave and return under a K-1 visa UNTIL she has a green card or Advanced Parole (AP) You can file for the AP right after marriage with the AOS (green card) and it takes about 60 days to receive.

If she arrives in September, she will NOT be able to return to Japan in October. Better to delay her arrival here. The K-1 is valid for US entry for 6 months from issuance. Plan on 2-3 months AFTER being married, minimum for her to be able to travel outside the US and return.

[pbige08 0]

Thank you for your speedy replies and all the info! I guess you can close this thread or whatever

[pbige08 0]

Thank you for your speedy replies and all the info! I guess you can close this thread or whatever

[Kathryn41 3,205]

duplicate threads merged and topic closed at OPs request

Edited November 21, 2010 by Kathryn41