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

[Gary and Alla 3,694]

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??

To be precise he CAN leave, he CANNOT return unless he has adjusted status or has an AP.

It would be irresponsible, I mid-May, when you do no thave an NOA2 Yet to suggest you would have an AP by December given current procssing times.

There are simply too many things that could go wrong, PLUS you would have to marry, get a marriage certrificate and get it filed really quick. Between now and then you could get an RFE, you could have additional processing at NVC or the consulate, any of which can add weeks to the process.

If you have not filed the AOS by September I would say it is not possible.

[NY_BX 397]

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??

Nope. It's virtually impossible. Your NOA2 will arrive around July or August. Then come the 2nd part of the process which take aprox 2 more months. That puts you in September or October. So, assuming he's here in November, after marriage, AOS takes around 5 months depending on your state. EAD/AP takes 3 months.

[evelyn1140 18]

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!

[/quote

first you are requesting him with a I-129 for him to come and married you right? Then why are you requesting him? you just can go to tijuana and married him. Then you can bring him here with CR-1

[newlyweds2010 208]

As everybody else said, the K1 visa is for marriage in the US only, and then the foreign spouse needs to adjust status or at least obtain AP before being allowed to return to the US upon an international trip. There is no other way around it, and given your timeline it is very unlikely that you will receive the AP documents by December.

[TheZ 0]

K-1 visa is a one way one entry visa. But depending on when your fiancée enters he might get the GC within a month. I know cases of ppl close to me who got it in less then a month. That will probably be his only way to cross the border again.

[KayDeeCee 4,891]

K-1 visa is a one way one entry visa. But depending on when your fiancée enters he might get the GC within a month. I know cases of ppl close to me who got it in less then a month. That will probably be his only way to cross the border again.

They can file for EAD and AP along with their I-485 and the fees for those forms are even waived when doing so. AP takes 2-3 months to receive. The green card takes about 4-6.

If there are no complications, and the OP's petition is actually approved in July, they can make their appointments for the interview in Juarez for August. She can check the timelines of others that already went through CDJ. It is very possible and happens all the time to go from NOA2 to interview in a month's time. Like I said earlier, it is possible for it to happen, but not guaranteed. If there are no hitches and all goes in her favor, then they could have AP approved and in hand by Dec. Juarez does not have a long wait time for scheduling your appointments there.

OP>I do not want to get your hopes up too high and believe you will get it for sure by then, but I do not want to say it cannot happen for you at all. There is the possibility. You might want to make a back up plan though.

Edited May 16, 2012 by Jay-Kay

[kikip 12]

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!

He could delay entry into the US after he receives his K1 (I believe its good for 6 months) and you could turn the wedding in Tijuana into a celebration (If you make it too much like a "real" wedding they could get suspicious and deny him entry on a K1). Then after that he could enter the US and officially marry you here. Just an option.

[bestofboston 36]

If you get married in Mexico before he comes to the USA, he will most likely be rejected if trying to enter on a K1 visa. You should either marry here in the USA if he comes on a K1 and wait for green card before returning to Mexico or marry in Mexico and then file for CR1 visa. The CR1 process may take as long as 10 months before interview at embassy in Mexico.

Good luck!

[Darnell 8,478]

whoa, OP - you need to refactor yer plan, much.

to be able to leave the usa and come back, one needs a green card or AP document.

to get either, one files the big 'adjustment of status' packet.

to be eligible to file the big 'adjustment of status' packet, one needs to be married in the usa

to be eligible to marry in the usa, one needs to cross via the k-1 visa and (optional) obtain a SSN.

so, with all that in mind, you've some thinking to do.

Good Luck, whatever you decide to do.

[Peter_Pan 661]

Do the ceremony in Mexico (reception only), then have him entering the US afterwards and do the official wedding.

Edited May 16, 2012 by Peter_Pan

[bigdog 376]

Find a plan/visa that works for your situation. Remember time lines are approximate, don't make permanent plans (ones you cannot change) till USCIS approval is in place. Good Luck.

[Tygrys 143]

K-1 visa is a one way one entry visa. But depending on when your fiancée enters he might get the GC within a month. I know cases of ppl close to me who got it in less then a month. That will probably be his only way to cross the border again.

This will never, ever happen. Looks like the poster of this nonsense mixed up K1 and CR1.

Edited May 16, 2012 by Tygrys

[Darnell 8,478]

Do the ceremony in Mexico (reception only), then have him entering the US afterwards and do the official wedding.

Does that work in Romania ? Just asking...