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Timeout after a K1 visa to leave the country

By feg in Working & Traveling During US Immigration

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feg Contributor

feg   1

Posted
Filed: K-1 Visa Country: Peru
 Timeline
Posted

Hi to all...

How long should I wait after getting married in the U.S. to get out of the country? Our plan is after the civil wedding in the U.S. go to Lima to marry by religious and then return to the U.S

Thanks you for your advices.

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
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You must apply for AOS and get your AP or green card before you can leave. 4-5 months.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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HeatDeath Proficient

HeatDeath   430

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

It's not so much a matter of time, but of documents. In order to get back into the US after you leave, you will need either an AP document or a Green Card.

The AP document will typically show up 6-8 weeks after you file for it [which you do along with your AOS], which should be done as soon as possible after you marry. If you can prove that there is a major emergency that requires you to travel as soon as humanly possible (and the only excuse they usually accept is a dying relative back home) you can arrange to get an AP document in 3-4 days by taking proof of the medical emergency to an InfoPass appointment. But that only applies for real emergencies.

The GC will typically show up 4-6 months after you file for it. The GC replaces the AP documents when you get it.

Do not leave the country without at least one of those documents in your hand.

Edited by HeatDeath

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

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feg Contributor

feg   1

Posted
Filed: K-1 Visa Country: Peru
 Timeline
  • Author
Posted

It's not so much a matter of time, but of documents. In order to get back into the US after you leave, you will need either an AP document or a Green Card.

The AP document will typically show up 6-8 weeks after you file for it [which you do along with your AOS], which should be done as soon as possible after you marry. If you can prove that there is a major emergency that requires you to travel as soon as humanly possible (and the only excuse they usually accept is a dying relative back home) you can arrange to get an AP document in 3-4 days by taking proof of the medical emergency to an InfoPass appointment. But that only applies for real emergencies.

The GC will typically show up 4-6 months after you file for it. The GC replaces the AP documents when you get it.

Do not leave the country without at least one of those documents in your hand.

So, with the AP document I can leave the country for some days and then comeback without any problem?

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

So, with the AP document I can leave the country for some days and then comeback without any problem?

Yes Look at our timeline for an idea of timeframes.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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TBoneTX Grand Master

TBoneTX   43,531

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted
So, with the AP document I can leave the country for some days and then comeback without any problem?
Not necessarily. If you have issues such as a previous overstay in the U.S., CBP can deny you re-entry. In fact, CBP can deny entry on the basis of anything that the consulate asked (or could have asked) in the visa interview.

Therefore, be sure that you're squeaky-clean before you leave the U.S., if you hope to achieve re-entry by using the AP document.

Furthermore, if you plan to use the AP document, be sure to take a copy of your marriage certificate with you, to present at the POE along with the AP paper.

Happily, the green card ensures a much smoother re-entry than does the AP.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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HeatDeath Proficient

HeatDeath   430

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

So, with the AP document I can leave the country for some days and then comeback without any problem?

Everything else being equal, that is correct. Bring copies of your entire AOS application packet, including the marriage cert, as above. Lots of people use AP documents with no problems at all.

You don't want to stay out too long though, and you want someone responsible collecting your mail, in case you get an RFE or interview notice from USCIS while you are away. You will need to be able to find out if you get any mail from USCIS, and what it says, as soon as humanly possible, in case they send you something you need to respond to immediately, or an interview notice. Depending on the timing, you may have to return to the US early. Be prepared for that.

But yeah, if you have an AP document you should be able to go to for a week or so and come back with no problems at all.

Edited by HeatDeath

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

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feg Contributor

feg   1

Posted
Filed: K-1 Visa Country: Peru
 Timeline
  • Author
Posted

Everything else being equal, that is correct. Bring copies of your entire AOS application packet, including the marriage cert, as above. Lots of people use AP documents with no problems at all.

You don't want to stay out too long though, and you want someone responsible collecting your mail, in case you get an RFE or interview notice from USCIS while you are away. You will need to be able to find out if you get any mail from USCIS, and what it says, as soon as humanly possible, in case they send you something you need to respond to immediately, or an interview notice. Depending on the timing, you may have to return to the US early. Be prepared for that.

But yeah, if you have an AP document you should be able to go to for a week or so and come back with no problems at all.

Thank you so much for your advices!! :)

Not necessarily. If you have issues such as a previous overstay in the U.S., CBP can deny you re-entry. In fact, CBP can deny entry on the basis of anything that the consulate asked (or could have asked) in the visa interview.

Therefore, be sure that you're squeaky-clean before you leave the U.S., if you hope to achieve re-entry by using the AP document.

Furthermore, if you plan to use the AP document, be sure to take a copy of your marriage certificate with you, to present at the POE along with the AP paper.

Happily, the green card ensures a much smoother re-entry than does the AP.

I never had an overstay in the U.S so i guess it helps

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