Leaving the US after K-1 Visa has been issued

[Jeremy C 0]

Hi,

I looked through the forum as well as the K-1 step-by-step guide and I'm a bit confused and unable to find an answer to my question.

Our situation is that we will marry in the US using her K-1 visa when she receives it, then we fly to South Korea to prepare for a ceremony there, and then come back to the US afterward to live. My fiance is under the impression that we can just apply for her green card while she is in South Korea and she will have to wait there for 6 months or so before being able to come back to the US. But after reading through the step-by-step guide here and also the information on the USCIS.gov site, it sounds like I need to immediately apply for the green card and Advance Payrole.

I'm a bit confused after reading the last line on the K-1 step-by-step guide under the "After the K-1 Visa is Approved:" section: "Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)"

Does this mean she could be banned from the US (inability to re-enter)? Or does this just mean she can't come back to the US without a Visa or Green Card like normal?

I'm planning on calling USCIS too on Monday about this, but figured I'd check here about it first.

Thanks!

[L+T 71]

You will need to get married, apply for AOS and AP. Wait 3-4 months for green card and AP. So if you wait 90 days to get married, and wait 30 days to apply AOS, AP, you already burned 4 months and must wait another 3-4 months. Or get married on 1st day, and apply AP, AOS second day... and you are good to re-enter after 3-4 months (but don't leave prior to approval)

[Enigma11561 336]

You can leave anytime you want. The issue is coming back. You should not leave until you have, at least, your AP. And remember that you may also have to be here for her AOS interview, which she will need to do for her GC.

[southcalhog 43]

You will need to get married, apply for AOS and AP. Wait 3-4 months for green card and AP. So if you wait 90 days to get married, and wait 30 days to apply AOS, AP, you already burned 4 months and must wait another 3-4 months. Or get married on 1st day, and apply AP, AOS second day... and you are good to re-enter after 3-4 months (but don't leave prior to approval)

You exactly right! you cant just get married here and fly off to South Korea. Like Thomas said you need to apply for AP and that my friend takes time. If she leaves before she gets that or Green card she will not be able to Re-enter the USA!! Good Luck to you!!!!

Edited March 17, 2012 by southcalhog

[Harpa Timsah 13,263]

A K-1 is a single entry visa. If you marry and leave, you will have to start over with a spousal visa. The spousal visa takes 10-12 months to complete. Or, you can wait in the US after marriage and you file the AOS application, for 3 months until the time her travel permission is approved (Advance Parole), and then have the ceremony in Korea.

[JimVaPhuong 4,865]

A K-1 is a single entry visa. If you marry and leave, you will have to start over with a spousal visa. The spousal visa takes 10-12 months to complete. Or, you can wait in the US after marriage and you file the AOS application, for 3 months until the time her travel permission is approved (Advance Parole), and then have the ceremony in Korea.

This is exactly right. A K1 visa is good for one entry only into the United States. Someone who has a K1 visa is eligible to apply for adjustment of status based on the K1 petition if:

1. They are currently in the United States.

2. They married the K1 petitioner within 90 days of entering the US.

3. The last time they entered the US was with the K1 visa.

An application for adjustment of status is considered abandoned if the applicant leaves the US, unless the applicant first applies for and receives advance parole.

You don't know for certain how long it will take to get the advance parole. You also don't know if you'll be scheduled for a green card interview. If you are scheduled for a green card interview then you must both attend the interview or the green card will be denied, and the advance parole will be revoked. You don't want this happening if you're outside the US or she might not be able to get back in. If you get the advance parole and use it to travel outside the US then you should have someone monitoring your mail, and be prepared to drop everything and return to the US if you are scheduled for a green card interview. My wife got her advance parole only 12 days before our green card interview.

You're better off scheduling the ceremony in South Korea well past when you expect the green card to be issued.

[Jeremy C 0]

Thank you all for the information! I think we've made a mistake in setting up ceremony places in the US and South Korea before getting the K-1 figured out and received...

I'm curious, though, how people go on honeymoons that are out of the country--do you just wait until later after getting the Advance Parole and using the I-131 form for reentry? Or maybe just honeymoons within the US only?

I'm wondering if it would be easier to marry in South Korea and apply for a Spousal Visa

[L+T 71]

Thank you all for the information! I think we've made a mistake in setting up ceremony places in the US and South Korea before getting the K-1 figured out and received...

I'm curious, though, how people go on honeymoons that are out of the country--do you just wait until later after getting the Advance Parole and using the I-131 form for reentry? Or maybe just honeymoons within the US only?

I'm wondering if it would be easier to marry in South Korea and apply for a Spousal Visa

Honeymoon in Hawaii. I considered marriage in foreign country... then looked up all the hoops to go through for USC to marry abroad in this particular country... Check out requirements for your country. As far as filing, about the same, perhaps a bit longer (2-3 month longer wait) as you also get the AOS with the approval (ie greencard), as opposed to file for AOS after marriage in USA for fiancee. Though from what people say here, it is one less fee to pay...

[Harpa Timsah 13,263]

Thank you all for the information! I think we've made a mistake in setting up ceremony places in the US and South Korea before getting the K-1 figured out and received...

I'm curious, though, how people go on honeymoons that are out of the country--do you just wait until later after getting the Advance Parole and using the I-131 form for reentry? Or maybe just honeymoons within the US only?

I'm wondering if it would be easier to marry in South Korea and apply for a Spousal Visa

K-1 visa holders don't go on honeymoons out of the country, unless they postpone it for months until the time they get their Advance Parole.

If you haven't started the K-1 visa, then I would consider the spousal visa. Look at the parts of each visa and decide. Good luck.

[Athena13 10]

Many people are doing the same, including me, enter with K-1, get ready to be married (prepare AOS files before the registry 'marriage') then as soon as we are registered with the 'marriage certificate', we mail off the AOS. Stay and wait in USA until we get the temp green card (along with AP, work permit), it should take 3-4 months. As soon as we got AP, we go to my country for a big ceremony! ) we don't sign any marriage paper outside USA of course.

Honeymoon can follow the oversea ceremony or if you are keen, have one in USA while waiting for AP.

[TBoneTX 48,437]

"Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)"

These instructions are as clear as a bell.

In regard to the final sentence, others above have noted that if AP is approved but the AOS is later denied, the AP is revoked and the traveler can be stranded outside of the U.S. In addition, CBP can refuse re-entry to any holder of the AP document. According to an immigration attorney to whom I spoke, such refusal is typically for any reason that the consulate may have used (and perhaps missed) during the visa interview.

Now, a comment to the general air: It's completely mystifying why so many I-129F beneficiaries/K-1 applicants -- with the compliance or encouragement of their petitioners -- are so wild to leave the U.S. so soon after the long process (and sometimes the hard fight) to enter. Do these people truly not comprehend the restrictions of the K-1 visa? Do they not think far enough ahead? Do they fully comprehend the process and its restrictions, but take it lightly? Do they intellectually acknowledge the restrictions but somehow believe that they and their situation will be excepted because of "hopes, dreams, and wishes?" No belittlement is intended here; these questions arise from bewilderment.

[Lisa and Ian 7]

These instructions are as clear as a bell.

In regard to the final sentence, others above have noted that if AP is approved but the AOS is later denied, the AP is revoked and the traveler can be stranded outside of the U.S. In addition, CBP can refuse re-entry to any holder of the AP document. According to an immigration attorney to whom I spoke, such refusal is typically for any reason that the consulate may have used (and perhaps missed) during the visa interview.

Now, a comment to the general air: It's completely mystifying why so many I-129F beneficiaries/K-1 applicants -- with the compliance or encouragement of their petitioners -- are so wild to leave the U.S. so soon after the long process (and sometimes the hard fight) to enter. Do these people truly not comprehend the restrictions of the K-1 visa? Do they not think far enough ahead? Do they fully comprehend the process and its restrictions, but take it lightly? Do they intellectually acknowledge the restrictions but somehow believe that they and their situation will be excepted because of "hopes, dreams, and wishes?" No belittlement is intended here; these questions arise from bewilderment.

Personally, I would hang out on the mainland for the honeymoon until the AOS is complete. It was only taking 3 months or so when we applied. There are lots of pretty places to visit on the mainland while you wait. Seattle, for example... Southern California... Florida...

[LeftCoastLady 441]

Personally, I would hang out on the mainland for the honeymoon until the AOS is complete. It was only taking 3 months or so when we applied. There are lots of pretty places to visit on the mainland while you wait. Seattle, for example... Southern California... Florida...

If my fiancé had his way, our honeymoon would be perusing Powell's Books all day! Not necessarily a bad thing, but not romantic, either!

Fortunately, we're planning to go to the Oregon Coast for a few days.

[bigdog 377]

Stay in us until your AOS is complete, then take a honeymoon. We did and it worked fine. Lots of nice places in us for honeymoon.

[Jeremy C 0]

Because of work projects she has to finish, my fiance has to go back to Korea after we get married, and is unable to wait here for however long it takes to get the AoS/AP/Green Card. I know that most (all?) people who come over here on a K1 visa probably quit there job so they can stay here with their new spouse and wait for the AoS/AP/etc. to be complete, correct?

At first we were going to marry in Korea and then she comes here for a reception on a travel visa. Then she goes back to Korea and waits for the K3 Visa/Green Card while continuing to work, and then joins me in the US where we will live.

But with wanting a nicer reception in the US instead of something cold and rainy (living in Washington state), we thought how about getting married in the US first, then go to Korea after and prepare for the Korean ceremony which would happen two months later. Then she would continue to work there and wait for the K3 visa/Green Card and then join me in the US where we will live.

I know it seems a bit too complex, and after I've been learning more and more about the K1 Visa and the Adjustment of Status processes, I'm seeing how complex it really is to marry someone outside of the US.

I'll be calling the USCIS office about my situation and see what they have to say about it, and if it is looked down upon to get a K1, marry in the US, leave the country right away before the AoS/AP, and then filing for a K3 visa... for some reason I think they might not like it?