Can i leave the country while my AOS is being processed?

[gyselle 4]

Hi all,

I will be entering on a K1 visa and am planning to get married at City hall, and would like to apply for my AOS straight after that.

However, I'm currently only planning to fly home after I submit my AOS.

Reason being is:

1. our ceremony (with family etc) will be in Nov

2. I am still have a job, a rather good paying one that will pay for the wedding, and only plan to get a job in the USA once my AOS and work authorisation has been approved.

while my fiance has a good job and makes enough money, I am the sort of person who cannot sit around and not have a job while i am waiting AOS and work authorisation to go through.

My question is, will there be any issue with my AOS if i leave the country?

[belinda63 2,988]

No issue with leaving the issue will be with returning. If you leave before you obtain Advance Parole (AP) USCIS will consider you to have abandoned your adjustment of status (AOS)and you will have to start all over with a CR-1 visa.

[gyselle 4]

No issue with leaving the issue will be with returning. If you leave before you obtain Advance Parole (AP) USCIS will consider you to have abandoned your adjustment of status (AOS)and you will have to start all over with a CR-1 visa.

I think i am caught in a bind. I am committed to my workplace till Nov; the (only ceremonial) ceremony is in Nov.

My initial plan was to visit him in June and get our marriage sorted out in the USA, and once I'm back in Dec, everything would be done.

it seems i cant just sign the papers and just leave; i need at least 3 months in USA before the AP is approved before i can even leave the country.

what if we got married, and i only applied for the AOS later? would that work?

[Penguin_ie 5,987]

You cannot marry in the USA and then leave... well, you can, but you cannot come back, as the K1 is a one-time-use visa. Where are you in the process? Your timeline shows that you are no-where near interview. If the timeline is correct, you will only get approved in the summer sometimes, maybe even autumn. Your visa will be valid for 6 months, so wait until November, then come over here and get married and stay.

[Inky 1,110]

what if we got married, and i only applied for the AOS later? would that work?

No, you cannot apply for AOS after leaving because you need the AP or the GC to get back into the USA.

You would end up entering on the K-1 marry and leave. Then file for a CR-1 starting from the beginning and waiting a year or more going through the whole process again.

[VanessaTony 3,567]

Agree with penguin.

The K1 is a single-use visa. You have 6 months once you are approved to use the visa. You would be better off staying in your home country till your job is finished and then flying over to the US to stay.

You can apply to expedite the AP but I know of at least one person who had a job to go back to and was denied the expedite so still ended up waiting 2-3 months for the AP document. A friend applied for an expedite for her ailing father and that was approved but STILL took too long to receive.

[Anh map 2,098]

Your proposed scenario has some flaws. One being demonstrating a bona fide relationship at an Adjustment of Status interview may be difficult if you've never lived in the US, just flown in for a wedding.

[SophWeb 25]

I agree with the above comments. If you visa expiration date allows it, wait until November to go to the US - you can finish your job, have your ceremonial wedding (NOT LEGAL), and then fly together to the US and use the K-1 visa to enter.

As soon as you enter the US, marry and apply for AOS asap. You will still have to wait 3 months for your EAD to work in the US though - that's just one of the downsides of the K-1 route. There's really no way around that, it's just something that we all have to deal with.

[CQ & CS 2]

When I came back from Canada last week, there was one question I was asked twice by two different CBP; ie. how long have you been leaving USA. I told them 16 days. It seemed to me at the moment that they were serious about how long I had left the country. If you leave too long they might deny your entry unless you have a damn good reason even though you have your AP. On the AP, it clearly states that CBP has discretion to let you in or not.

Also, as other VJers said, your plan have flaws. You would expect to stay here at least three months (most luck senario) after you file AOS given that you do not get any RFE or fingerprints re-print etc.

[Krikit 1,163]

Moving from AOS Process to the Travel forum.

[Dave&Roza 748]

As others have said, the K-1 Visa is valid for 6 months. So if you are just starting and the petition is still in the works, you are hopig for no sooner than June for the issuance of the visa and it would appear the visa date is the date of the interview--it was in our case-- so you want an interview date of June 1 or later and then you can stay in your country until November, have a celebration but do not actually get officiall married as that makes the K-1 invalid. Travel to the US and get married here and then apply for your AOS. That is about the only way I see you being able to pull all of this off without having to start over with the CR-1 visa.

Just keep a few things in mind:

1) The K-1 visa is a fiance(e) visa only. Once official married you must use the CR-1 spousal visa.

2) The K-1 visa is a one entry visa. Once you enter the USA it is used. You must have some other method of entry after that--i.e AP or GC or another entry visa.

3) Leaving the USA after applying for AOS causes the AOS to be denied--it even states that this can happen even if you are granted and have AP (rare as that may be, but there is a warning in the instructions)

Good luck with whatever you decide.

Dave

[gyselle 4]

Yes, thank you everyone for your replies. They have been really helpful.

As I am about 2-3 months away (or even more!) from my NOA2, i have decided just to travel to US in June to see my fiance.

I will have my interview with the embassy after the trip (july, aug?) and then, have the ceremony in Nov, then fly up in Dec, using my K-1, get married legally and apply for my AOS.

I have read on this forum that it is ok to visit while the visa is being processed, just bring all the paperwork to prove that i'm flying home and i have no intention to stay in the country illegally; and also that i am going through the proper channels to move there legally.