Can K-1 Visa applicant leave country?

[csailus 0]

Hi all! I'm new to the site, mainly because I had no idea how hard it would be for a Canadian and an American to get married, and a friend referred me here. We have found many of the guides so helpful, thanks so much.

My fiancee and I were planning on getting married in August in Sault St. Marie, Michigan, and then having the reception in her hometown, Sault Ste. Marie, Ontario (just across the bridge from Sault, MI). After looking at a few things, we are worried this won't be a possibility, because it seems she has to remain in the country for a set period of time after we first get married. Will we run into major issues if we head back to Canada after the wedding, even if only for the night? Is there a way around this?

[photomile 101]

If you are applying for a K1 then the advice is correct, you cannot leave the country until you file for Adjustment Of Status and the authorisation to travel document. The authorisation to travel is granted on approval and not when you file for it. This is usually granted fairly quickly (months) from what I've seen but if you don't do this you will be denied entry to the USA and you'll then need to get your new wife to apply for a spousal visa.

There are documented stories where people have left the USA for a honeymoon and found that they cannot re-enter the country, including one man who has waited a year or so for his wife to return to him.

Sorry. I am more than happy to be wrong on this, but this is all I've been able to find out.

Edited January 14, 2012 by photomile

[cdneh 3,112]

I don't believe it can work the way you hope, sorry.

[Harpa Timsah 13,260]

Sorry, there is no way around it. You can forgo the K-1 and pursue a spousal visa after you are married, but then you won't be abele settle down as a family until that visa goes through (nearly a year later). I'd alter your plans slightly and have both wedding and reception in the US, if you go for the K-1. Best of luck.

[GnBnL 50]

have you already filed for a K-1? if not, you can do a CR-1 visa instead, get married, go back to Canada, and she will have to remain in Canada while the visa is being processed. From what I know, Cr-1's are only processed through MOntreal and K-1's can be done through Vancouver which moves much faster. that being said, since she's in Ontario, it is VERY likely she will be processed through Montreal anyway. So, its up to you. Both will probably take about the same time, but check out with people here what the current processing times are for both visas and both embassies. congrats!

[aaron2020 11,652]

Hi all! I'm new to the site, mainly because I had no idea how hard it would be for a Canadian and an American to get married, and a friend referred me here. We have found many of the guides so helpful, thanks so much.

My fiancee and I were planning on getting married in August in Sault St. Marie, Michigan, and then having the reception in her hometown, Sault Ste. Marie, Ontario (just across the bridge from Sault, MI). After looking at a few things, we are worried this won't be a possibility, because it seems she has to remain in the country for a set period of time after we first get married. Will we run into major issues if we head back to Canada after the wedding, even if only for the night? Yes. Is there a way around this? No.

The K-1 visa is a single use visa. If she leaves the US, she cannot reenter on the K-1 visa.

Generally, Canadians can enter and stay in the US for six months without a visa to visit or study. Canadians need a valid immigration visa is they enter the US with the intent to stay and immigrate.

What you want is impossible. There is no visa or other method that would allow her to get marry in the US, leave for Canada, and then return to the US as an immigrant in the same day.

Have the reception in the US. Her Canadian citizen relatives can use their passports to enter the US for the reception.

======================

The only way a K-1 visa holder can enter, leave the US, and reenter the US is to have Advance Parole (AP). After she marries you, you can file to adjust her status (I-485) and file for AP. AP must be granted before she leave the US. If she leaves before getting AP, then she is deemed to have abandoned her I-485. Getting AP takes a few weeks.

Edited January 14, 2012 by aaron2020

[Harpa Timsah 13,260]

The above is correct except that AP takes a few months, not a few weeks.

[aaron2020 11,652]

The above is correct except that AP takes a few months, not a few weeks.

Correct. Generally, it takes 2-3 months to get AP. However, expedited AP can be requested at a local USCIS office.

[baron555 934]

Hi all! I'm new to the site, mainly because I had no idea how hard it would be for a Canadian and an American to get married, and a friend referred me here. We have found many of the guides so helpful, thanks so much.

My fiancee and I were planning on getting married in August in Sault St. Marie, Michigan, and then having the reception in her hometown, Sault Ste. Marie, Ontario (just across the bridge from Sault, MI). After looking at a few things, we are worried this won't be a possibility, because it seems she has to remain in the country for a set period of time after we first get married. Will we run into major issues if we head back to Canada after the wedding, even if only for the night? Is there a way around this?

Sure, anyone can leave at any time. No visa needed to leave.....but if the beneficiary leaves before AOS after K-1 marriage here, then you two have to wait about another year while you file for a spousal visa so they can come back in. If you do AOS after marriage after entry using a K-1, then with the AP or GC in hand, they can come back in at any time.

[csailus 0]

Thanks for the advice everyone! We really appreciate it!

[GCPony 14]

Hi all! I'm new to the site, mainly because I had no idea how hard it would be for a Canadian and an American to get married, and a friend referred me here. We have found many of the guides so helpful, thanks so much.

My fiancee and I were planning on getting married in August in Sault St. Marie, Michigan, and then having the reception in her hometown, Sault Ste. Marie, Ontario (just across the bridge from Sault, MI). After looking at a few things, we are worried this won't be a possibility, because it seems she has to remain in the country for a set period of time after we first get married. Will we run into major issues if we head back to Canada after the wedding, even if only for the night? Is there a way around this?

Know any of the McKerchie clan? The Soo isn't exactly a big place (ex Michigander)