Question about Traveling to Canada, Have Tourist Visa, Expired K-1

[cc131 0]

Hey Guys, I have a question here!

My wife has visited the US before (last year) so she has a tourist visa that expires I think in 2017.

This year, we got married, she entered in on an k-1 visa, which has now expired, we are waiting for AOS and EAD/AP.

We live in Seattle, so Canada is only a few hours driving, we were wondering if she could enter Canada and come back on the tourist visa?

Thanks!

[Lilyena 10]

While waiting for AOS from a K1 one cannot leave the country without obtaining AP first, otherwise they will think you have abandonned the AOS process. Basically you're stuck in the US until she gets the AP in hand.

[cc131 0]

While waiting for AOS from a K1 one cannot leave the country without obtaining AP first, otherwise they will think you have abandonned the AOS process. Basically you're stuck in the US until she gets the AP in hand.

Hey Lilyena, thanks for the reply .

I understand this, but what about her US tourist visa?

The Tourist visa that expires in 2017 is pretty much useless in this case?

[Lainie B 465]

Hey Lilyena, thanks for the reply .

I understand this, but what about her US tourist visa?

The Tourist visa that expires in 2017 is pretty much useless in this case?

As Lilyena said, if she leaves the US before she has her AP in hand then her whole AOS/EAD/AP application will be deemed abandoned and will be cancelled, and you will have to start again with a petition for a CR-1 visa, which could take another year. She won't be let in with a tourist visa because she clearly has immigration intent. She would not be allowed to enter the US until she has the CR-1 visa.

Edited August 23, 2012 by Lainie B

[aaron2020 11,651]

Hey Lilyena, thanks for the reply .

I understand this, but what about her US tourist visa?

The tourist visa that expires in 2017 is pretty much useless in this case?

Her tourist visa is irrelevant at this point if you want her to get a green card.

She is seeking to adjust her status from K-1 to a legal permanent resident (LPR). The AOS process deems that if she leaves the before getting her AP document or green card, then she is abandoning the AOS process.

So, it's not a problem for her to use the tourist visa to leave and reenter the US. However, she in turns abandons the AOS process because she left without AP or a green card. Not the result you want.

[cc131 0]

Alright, thanks for the replies and help guys!