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Charles C

Can We Travel AFTER We Marry on the K-1?

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After my fiancée comes to the US on her K-1, and AFTER we are married, will she be able to travel outside of the US without restrictions? Because of schedule changes, her children may not be able to come with her to the US. So we are hoping to get her K-1, come to the US, marry immediately, and then return to her home country (Honduras). Will this be a problem? Thanks for any advice. We are hoping to have her K-1 visa in hand some time in the next 90 days.

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After my fiancée comes to the US on her K-1, and AFTER we are married, will she be able to travel outside of the US without restrictions? Because of schedule changes, her children may not be able to come with her to the US. So we are hoping to get her K-1, come to the US, marry immediately, and then return to her home country (Honduras). Will this be a problem? Thanks for any advice. We are hoping to have her K-1 visa in hand some time in the next 90 days.

Only if you want to then start the CR-1 process.

Marry, file AOS ASAP and include AP papers - then wait the 90 days or so how long it takes to get the Advance Parole and THEN you can travel.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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She may leave the US whenever she likes

However, she will not be able to return unless she has her AP or green card

If she leaves without her green card or AP card..you will have to start the spousal visa process when she is in Honduras and pay the fees again and wait...again

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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After my fiancée comes to the US on her K-1, and AFTER we are married, will she be able to travel outside of the US without restrictions? Because of schedule changes, her children may not be able to come with her to the US. So we are hoping to get her K-1, come to the US, marry immediately, and then return to her home country (Honduras). Will this be a problem? Thanks for any advice. We are hoping to have her K-1 visa in hand some time in the next 90 days.

traveling not a problem... having her re-enter will.


YMMV

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She may leave the US whenever she likes

However, she will not be able to return unless she has her AP or green card

If she leaves without her green card or AP card..you will have to start the spousal visa process when she is in Honduras and pay the fees again and wait...again

good luck

Again, the AP card OR her green card...she can travel

Good luck

PS - also google 'maintaining permenant residency in US" and you'll see there is a minimum amount of time she must be in the US to keep her residency status

Edited by canadian_wife

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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At what point in time (and paperwork!) will she be permitted to travel back and forth freely? We hope to spend part of our year in the US and part of the year in Honduras. When will all of this be easier for travel purposes (even vacations)?

When she has the AP or the GC, all are part of the AOS process. So you get married and then file these documents.


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

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

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The AP is not a guarantee that re-entry will be permitted. At POE, CBP can refuse entry for any reason for which the consulate could have denied the visa.


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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