Help! Will my fiance NOT be able to leave the US after we marry legally??

[Christine84 0]

Okay, so it just dawned on me this question. My fiance is from Tijuana, Mexico. We were hoping he'd get his interview for his Visa by this coming October so that he can be in the US at least by November for us to get married legally. The thing is that our wedding is in December 2012 but IN Tijuana mexico! I guess in the back of my head I figured he'd be able to cross the border back to Tijuana since he'd already have his K1 Visa still unexpired. So, does that mean he wont be able to cross the border AT ALL until he gets his status changed to permanent resident??????!! (would that mean that we couldnt have our wedding in December in Tijuana??) :/ I read he can apply for an "advance parole"...but from what I read is that it would take months for that to get reviewed!.....HELP!! I need some clarification/advise!

[Tygrys 143]

Okay, so it just dawned on me this question. My fiance is from Tijuana, Mexico. We were hoping he'd get his interview for his Visa by this coming October so that he can be in the US at least by November for us to get married legally. The thing is that our wedding is in December 2012 but IN Tijuana mexico! I guess in the back of my head I figured he'd be able to cross the border back to Tijuana since he'd already have his K1 Visa still unexpired. So, does that mean he wont be able to cross the border AT ALL until he gets his status changed to permanent resident??????!! (would that mean that we couldnt have our wedding in December in Tijuana??) :/ I read he can apply for an "advance parole"...but from what I read is that it would take months for that to get reviewed!.....HELP!! I need some clarification/advise!

No can do. His K1 will be invalidated on the first entry into US. Then he can't travel out of US until he has AP or GC in hand.

To be more precise, he can leave of course, but he won't be able to return.

[Inky 1,110]

Sorry but you will have to either cancel it and lose money / refund money or move it to a date that is much much farther away from December.

3-4 months to get the AP travel permission after filing AOS unless you want to wait for the green card which could be longer than 4 months.

[jayne d 12]

...... The thing is that our wedding is in December 2012 but IN Tijuana mexico!.....

clarification/advise!

Hi, I am not clear on where you want to get married.

Are you getting married in the United States or in Mexico? Is the wedding in Mexico a ceremony only?

The reason I ask is that the K1 visa requires that you marry in the USA, this means that you will not be able to marry (legal ceremony) in Mexico using a K1 visa.

[NY_BX 397]

Okay, so it just dawned on me this question. My fiance is from Tijuana, Mexico. We were hoping he'd get his interview for his Visa by this coming October so that he can be in the US at least by November for us to get married legally. The thing is that our wedding is in December 2012 but IN Tijuana mexico! I guess in the back of my head I figured he'd be able to cross the border back to Tijuana since he'd already have his K1 Visa still unexpired. So, does that mean he wont be able to cross the border AT ALL until he gets his status changed to permanent resident??????!! (would that mean that we couldnt have our wedding in December in Tijuana??) :/ I read he can apply for an "advance parole"...but from what I read is that it would take months for that to get reviewed!.....HELP!! I need some clarification/advise!

Ok, first of all, K-1 visa is to marry in the USA, which you plan to do. Then, yes, you MUST wait for the EAD/ AP approval and card to leave the country. Yes, the current processing times for EAD/AP is 3 months. So the earliest you could plan a wedding ceremony in Mexico is 3 months after filing AOS(not after getting married). You must have your marriage certificate and $1040 in hand prior to filing AOS/EAD/AP. So, add 2 weeks to another month after getting legally married.

We married 03/03/12 and filed everything on 03/17 with a NOA1 date of 03/26. We just had the EAD/AP approved yesterday.

Edited May 15, 2012 by NY_BX

[Tygrys 143]

Hi, I am not clear on where you want to get married.

Are you getting married in the United States or in Mexico? Is the wedding in Mexico a ceremony only?

The reason I ask is that the K1 visa requires that you marry in the USA, this means that you will not be able to marry (legal ceremony) in Mexico using a K1 visa.

I think what she meant was that the marriage will take place in the US, but wedding reception in Mexico.

[Inky 1,110]

Ok, first of all, K-1 visa is to marry in the USA, which you plan to do. Then, yes, you MUST wait for the EAD/ AP approval and card to leave the country. Yes, the current processing times for EAD/AP is 3 months. So the earliest you could plan a wedding ceremony in Mexico is 3 months after filing AOS(not after getting married). You must have your marriage certificate and $1040 in hand prior to filing AOS/EAD/AP. So, add 2 weeks to another month after getting legally married.

We married 03/03/12 and filed everything on 03/17 with a NOA1 date of 03/26. We just the EAD/AP approved yesterday.

fee for AOS is $1070 not 1040.

[Diana and Chris 25]

Okay, so it just dawned on me this question. My fiance is from Tijuana, Mexico. We were hoping he'd get his interview for his Visa by this coming October so that he can be in the US at least by November for us to get married legally. The thing is that our wedding is in December 2012 but IN Tijuana mexico! I guess in the back of my head I figured he'd be able to cross the border back to Tijuana since he'd already have his K1 Visa still unexpired. So, does that mean he wont be able to cross the border AT ALL until he gets his status changed to permanent resident??????!! (would that mean that we couldnt have our wedding in December in Tijuana??) :/ I read he can apply for an "advance parole"...but from what I read is that it would take months for that to get reviewed!.....HELP!! I need some clarification/advise!

Fiance Visa is a 1 entry visa. If he wants to go back to Mexico and be able to fly back he must have an Advance Parole or a Green Card.

Edited May 15, 2012 by Diana and Chris

[NY_BX 397]

fee for AOS is $1070 not 1040.

YES! Sorry. Thank you

[KayDeeCee 4,891]

Okay, so it just dawned on me this question. My fiance is from Tijuana, Mexico. We were hoping he'd get his interview for his Visa by this coming October so that he can be in the US at least by November for us to get married legally. The thing is that our wedding is in December 2012 but IN Tijuana mexico! I guess in the back of my head I figured he'd be able to cross the border back to Tijuana since he'd already have his K1 Visa still unexpired. So, does that mean he wont be able to cross the border AT ALL until he gets his status changed to permanent resident??????!! (would that mean that we couldnt have our wedding in December in Tijuana??) :/ I read he can apply for an "advance parole"...but from what I read is that it would take months for that to get reviewed!.....HELP!! I need some clarification/advise!

You want the wedding in Mexico, but you filed for a K-1? The K-1 is a one time entry visa, and using it means you will get married in the US within 90 days of entry. After marrying in the US, they cannot leave until they file for AOS and get either AP or their green card. You cannot use a K-1 for multiple entries, and you cannot use the K-1 to get married anywhere else other than the US.

If you want to get married in Mexico, then you need to withdraw the K-1 petition, get married in Dec. in Mexico like you have planned, then file for a spousal visa for your new husband to be able to come live with you in the US. He will need to wait in Mexico until he has his visa, then he can enter the US with a green card, able to work right from the start, and no need to file for AOS.

EDIT: Ok, I re-read this, and I think you do plan on getting married in the US? Since the K-1 is a one time entry visa, you would need enough time to apply for AOS and receive an approved AP or green card before making plans to leave the US and re-enter. It takes about 2-3 months to receive EAD/AP after applying. You most likely will not receive it in time to leave the US in Dec. if he is arriving in Oct. You will need to change your plans in one or another because your plan does not seem feasible at all at this point.

Edited May 15, 2012 by Jay-Kay

[Christine84 0]

Thanks soooo much for the reply guys! Its very helpful. I am so annoyed I didnt realize this sooner. Ok, so I'm now fully aware that he would not be able to leave the US (unless he'd get approved an AP of course). So here's the thing, I got my first NOA1 dated 2/24/12 and still waiting for my NOA2. Based on the date of NOA1, do you guys think we'll get my fiancee's Adjustment of status done in time for December 2012??

[Tygrys 143]

Thanks soooo much for the reply guys! Its very helpful. I am so annoyed I didnt realize this sooner. Ok, so I'm now fully aware that he would not be able to leave the US (unless he'd get approved an AP of course). So here's the thing, I got my first NOA1 dated 2/24/12 and still waiting for my NOA2. Based on the date of NOA1, do you guys think we'll get my fiancee's Adjustment of status done in time for December 2012??

Not likely at all

[KayDeeCee 4,891]

Thanks soooo much for the reply guys! Its very helpful. I am so annoyed I didnt realize this sooner. Ok, so I'm now fully aware that he would not be able to leave the US (unless he'd get approved an AP of course). So here's the thing, I got my first NOA1 dated 2/24/12 and still waiting for my NOA2. Based on the date of NOA1, do you guys think we'll get my fiancee's Adjustment of status done in time for December 2012??

It is POSSIBLE, but nothing is ever guaranteed in the immigration process. If you are able to get the NOA2 by July, like your timeline suggests, and he gets through Juarez by sometime in August, then he could enter as soon as he gets the visa and you could marry in the US that month and file for AOS as soon as you receive the certified marriage certificate from the court.

Filing for AOS in Aug or Sept. MIGHT give enough time for him to get his AP by Dec. Like I said, nothing is ever guaranteed, especially time-wise as far as immigration goes. The sooner you get your NOA2, your file is received at CDJ, and he has his interview there, the sooner he can enter the US and get the ball rolling on getting married and filing for AOS. I wish you guys luck!

[Penny Lane 8,159]

Thanks soooo much for the reply guys! Its very helpful. I am so annoyed I didnt realize this sooner. Ok, so I'm now fully aware that he would not be able to leave the US (unless he'd get approved an AP of course). So here's the thing, I got my first NOA1 dated 2/24/12 and still waiting for my NOA2. Based on the date of NOA1, do you guys think we'll get my fiancee's Adjustment of status done in time for December 2012??

No. There are people from the end of LAST year still waiting for their AOS to be approved.

Now, AP takes about 2-3 months. But it all depends on how fast your petition with USCIS gets approved, how fast NVC goes, how fast the embassy goes with the interview. How fast they issue his K1. Then how fast he can move, get married, file for AOS, and apply.

A lot of 'ifs'. I'd say it's unlikely.

Edited May 15, 2012 by Coconuts

[Gary and Alla 3,694]

Okay, so it just dawned on me this question. My fiance is from Tijuana, Mexico. We were hoping he'd get his interview for his Visa by this coming October so that he can be in the US at least by November for us to get married legally. The thing is that our wedding is in December 2012 but IN Tijuana mexico! I guess in the back of my head I figured he'd be able to cross the border back to Tijuana since he'd already have his K1 Visa still unexpired. So, does that mean he wont be able to cross the border AT ALL until he gets his status changed to permanent resident??????!! (would that mean that we couldnt have our wedding in December in Tijuana??) :/ I read he can apply for an "advance parole"...but from what I read is that it would take months for that to get reviewed!.....HELP!! I need some clarification/advise!

With the K-1 visa you CHOSE after careful consideration of all its features compared to the CR-1 which takes considerably longer to process...you MUST get married in the US and your then husband can LEAVE, but cannot RETURN. The K-1 is a single entry visa and requires that you get married and adjust status, at least with an AP, before he can leave and return. He also cannot work until status is adjusted