Question Regarding travelling outside of US

[flyingm14 0]

Hello,

Was wondering if someone can share some information regarding travelling outside of the US. Here is my situation. We got engaged on 1/5/2011 and will be applying for her K1 visa on 1/24/2011. I understand it takes approximately 6 months for her to get the K1 visa (hopefully with no RFE issues). 6 months takes us to August time-frame. We plan to get married (court/register marriage) within a week that she comes to the US and apply for her I485. Our plan was to go back to India for a traditional Indian wedding in November. Will this be possible? Can she leave the country if we have applied for the I485? Do we need to apply for something else along with 485? We want to come back to the US together at the end of November.

[canadian_wife 1,823]

Do NOT make any plans in India. Your 6 month time frame, while possible, is not the norm.

She can leave the US at any time after she enters on her K-1. She CANNOT re-enter the US without her physical green card in her hand or her advanced parole document. If she leaves without these documents, she will automatically cancel and AOS paperwork you have filed. It can take up to 90 days to receive this AP document after AOS has been filed

Good luck

[lovetimhortons 1]

even if the K1 is issued within 6 months, the AOS may or may not be complete by then, so you could run into a sticky situation if you plan a ceremony in india for november...

how about postponing it until the following summer/fall?

[Al422 221]

6 months for the K-1 is a bit optimistic. I hope you get it in 6 months, as I hope everyone gets it by then. But realistically, plan on more like 8-9 months and don't plan wedding dates around the 6 month mark.

Apply for your advance parole and AOS as soon as you get married, but please do not leave the U.S. until you get the AP in your hand.

And again, do not plan dates in India until you get the AP and can be certain that you can make those dates.

[flyingm14 0]

Thanks guys for the quick reply. Really opened my eyes regarding the situation. For some reason, I've been hearing people say that it takes approximately 6 months for the K1 visa. 8-9 months is too long. Does the processing time depend on the service center? I live in Michigan and I think I have to send my I129F to the TX lockbox..where does it go after that? Technically NSC is who I usually deal with but I've heard they do not process K1 anymore.

Edited January 11, 2011 by flyingm14

[USColombia 6]

Thanks guys for the quick reply. Really opened my eyes regarding the situation. For some reason, I've been hearing people say that it takes approximately 6 months for the K1 visa. 8-9 months is too long. Does the processing time depend on the service center? I live in Michigan and I think I have to send my I129F to the TX lockbox..where does it go after that? Technically NSC is who I usually deal with but I've heard they do not process K1 anymore.

Just beginning the process myself but I think everyone sends it to the TX lockbox and from there it gets sent to your respective Process Center (as noted in the packet you send on letters, etc). There are 4 and they are known to process at different speeds. I read somewhere Vermont is the fastest - but again it's all subjective.

On the front of 6 months... I have seen it numerous times but as they above said, I wouldn't hold your breath for it. I've read situations where it's dragged far past that. 6 months also doesn't take into account possible mistakes, etc. Better to play safe in my opinion..

Good luck though!

[Harsh_77 718]

If you are a USC, then best option is get married in India like you want to and the file for CR1 for her, which could be done in 8-9 months.

You dont have to do K1 and then AOS and worry about all this travel.

Travelling on K1 can be pain too, I dont think K1 is a multiple entry and she would have hard time entering back in the country. After K1 you will have to wait until AOS is completed.