Leaving the Country after entering on K1 fiance visa

[Sim14 0]

Hello all,

I am a US citizen and just got engaged in nov to a person in India. I am back in the US and we are planning on holding our formal wedding in India, next nov or dec. Our first thought was to file a fiance visa petition, hopefuly it gets approved in 6-9 months, then have a religious wedding ceremony in India (without having in register), come to the US on fiance visa and registered our marriage in the US. But after doing some inquiry here in the forum I found that this type of situation can cause complications in future for us in our rather simple case. So the next thing we are thinking of is to apply for K1 visa, upon approval he comes here (before next nov), we have a court marriage here, and he goes back to India. Then in nov or dec we get married there and come back together in the US.

He is in school in India and can't stay too long in the US. What are the things we have to do before he goes back to India to ensure his smooth come back to the States. Would 1 - 2 weeks worth of time be enough for all the processes to get done (or start). While coming back after the wedding ceremony in India, what type of visas status he will have?

I really need help with my questions so I can start the petition in timely manner.

Best Regards

[Harpa Timsah 13,259]

If he needs to be back in India right away, then I don't think a K-1 visa is right for you. Read the guides about how it works once he gets to the States. You MUST marry within 90 days and cannot leave before that. After you marry, you file for Adjustment of Status and cannot leave until you have either your GC in hand or a temporary travel permission, called Advance Parole. It usually takes around 90 days for your travel permission to be approved, and that's time after the marriage and after you send in more paperwork.

If you get married and apply for a CR-1 visa, then he will become a Permanent Resident upon entering the US. You'd have to wait a few weeks for the physical Greencard to arrive, but then he could go back for school in India.

Keep in mind however, that he must maintain his residence in the US, and if he is consistently gone for months at a time and rarely in the US, he may jeopardize his status. Good luck.

Edited December 28, 2010 by Harpa Timsah

[Gary and Alla 3,694]

Hello all,

I am a US citizen and just got engaged in nov to a person in India. I am back in the US and we are planning on holding our formal wedding in India, next nov or dec. Our first thought was to file a fiance visa petition, hopefuly it gets approved in 6-9 months, then have a religious wedding ceremony in India (without having in register), come to the US on fiance visa and registered our marriage in the US. But after doing some inquiry here in the forum I found that this type of situation can cause complications in future for us in our rather simple case. So the next thing we are thinking of is to apply for K1 visa, upon approval he comes here (before next nov), we have a court marriage here, and he goes back to India. Then in nov or dec we get married there and come back together in the US.

He is in school in India and can't stay too long in the US. What are the things we have to do before he goes back to India to ensure his smooth come back to the States. Would 1 - 2 weeks worth of time be enough for all the processes to get done (or start). While coming back after the wedding ceremony in India, what type of visas status he will have?

I really need help with my questions so I can start the petition in timely manner.

Best Regards

If he comes on a K-1 visa, he will have to get married HERE then you will have to file for his adjustment of status and receive either the green card or advance parole (AP)before he can leave the country and return. Plan on this taking at least two MONTHS after you file for the AOS. Probably 3-4 months after getting married IF you do not delay.

[JimVaPhuong 4,863]

In addition to what Gary and Harpa said, the Advance Parole is only supposed to be used for temporary travel. Technically, it expires when the green card is issued. There is also a chance (around 50%) that you'll both be scheduled for an interview at a USCIS field office before the green card is issued. He must not be out of the country on the date the interview is scheduled. You must both attend the interview or the green card will be denied, and he won't be able to return.

To expand on what Harpa said about maintaining status, once he has a green card he is required to actually LIVE in the United States. Green cards are for residents - not occasional visitors, or people who aren't ready to immigrate yet. If he is outside the US for more than six months then CBP may question whether he has maintained his residence in the US. If he's outside the US for more than a year then he'll need a reentry permit to return to the US, and he needs to apply for the reentry permit before he leaves. If he's outside the US for more than two years then he's abandoned his residency, and his green card is revoked. A returning resident visa is possible in these cases, but only if the reason for the extended absence was unforeseen and beyond the control of the immigrant. Continuing his education abroad would not qualify.

If I were in your shoes then I'd go ahead with the wedding plans in India, and go ahead and register the wedding. When you are within 6 to 8 months of him being ready to immigrate to the US then go ahead and submit an I-130 petition for him.

[Gary and Alla 3,694]

In addition to what Gary and Harpa said, the Advance Parole is only supposed to be used for temporary travel. Technically, it expires when the green card is issued. There is also a chance (around 50%) that you'll both be scheduled for an interview at a USCIS field office before the green card is issued. He must not be out of the country on the date the interview is scheduled. You must both attend the interview or the green card will be denied, and he won't be able to return.

To expand on what Harpa said about maintaining status, once he has a green card he is required to actually LIVE in the United States. Green cards are for residents - not occasional visitors, or people who aren't ready to immigrate yet. If he is outside the US for more than six months then CBP may question whether he has maintained his residence in the US. If he's outside the US for more than a year then he'll need a reentry permit to return to the US, and he needs to apply for the reentry permit before he leaves. If he's outside the US for more than two years then he's abandoned his residency, and his green card is revoked. A returning resident visa is possible in these cases, but only if the reason for the extended absence was unforeseen and beyond the control of the immigrant. Continuing his education abroad would not qualify.

If I were in your shoes then I'd go ahead with the wedding plans in India, and go ahead and register the wedding. When you are within 6 to 8 months of him being ready to immigrate to the US then go ahead and submit an I-130 petition for him.

While what you say is true, Jim, being a student is a valid reason to remain outside the country for more than 6 months but less than one year. Our son goes to school in Russia and has not had a problem returning for the summers, but he DOES carry evidence he is a student and that he is a resident here, such as his Vermont drivers license. He also keeps a copy of his income tax return (I email it to him) So he has that also. He was not questioned about it this summer, but he is prepared if he is.

For the OP however, they had best plan on her husband missing some classes, in fact, plan on skipping a semester. Planning for less than that is simply not prudent. There is no way they could plan on him pulling off a quickie AOS. We were able to do it for our son in 7 weeks BUT he was a K-2 to follow and Alla already had her green card so he was a derivitive. Actually Alla got her green card 8 weeks after filing AOS but you can't count on that.

You are correct that the AP becomes invalid and is, in fact, cancelled when the green card is issued.