2 year requirement?

[westmeetseast 7]

My fiance was reading on a website that when she comes to the usa, she cannot return to Thailand even to visit for two years. Is that true? Does she need to stay in the usa without visiting Thailand for 2 years or can she visit?

[Harpa Timsah 13,259]

That is not true.

[kennym 275]

She cant ever leave...

just kiding.. It's not true under normal conditions...

After you're married, she must adjust status... Then after she receives her Greencard, or Advance Parole, she can leave for short trips..

do you understand the process?

Edited August 24, 2012 by kennym

[del-2-5-2014 1,339]

My fiance was reading on a website that when she comes to the usa, she cannot return to Thailand even to visit for two years. Is that true? Does she need to stay in the usa without visiting Thailand for 2 years or can she visit?

Not totally true.

So you have to marry within 90 days. So let's assume that you marry the first week he gets here.

You submit your AOS package and include EAD/AP. I've heard that the EAD/AP stuff comes within 2 months. So technically in less than 3 months you Guys can be of sampling the delights of the orient.

[westmeetseast 7]

Not totally true.

So you have to marry within 90 days. So let's assume that you marry the first week he gets here.

You submit your AOS package and include EAD/AP. I've heard that the EAD/AP stuff comes within 2 months. So technically in less than 3 months you Guys can be of sampling the delights of the orient.

apparently i do not understand the process. she is coming to the usa in november and we will marry in december. we then file for aos --adjustment of status but then what is ead and ap?

what else needs to happen?

[kennym 275]

Like Gowan said, AP takes generally 2-3 months and can be used to travel.. GC can take 4 months, after filing, or more depending on the USCIS workload.

My suggestions is to plan to wait 4-6 months...

Edited August 24, 2012 by kennym

[Que Saudade 284]

No, not true. But, once you are married, you need to file adjustment of status along with advanced parole and employment authorization as soon as you can.

The thing is, once the I-94 (the arrival card she fills out on the flight over) expires (90days after arrival) she is out of status. Once AOS is filed, the clock stops ticking on accrual of out of status based on the pending I-485. If more than 180 days pass before filing AOS, then she will have to wait until green card in hand to travel, because the law states if more than 180 days of unlawful presence accrues (out of status), then if she leaves prior to receiving green card she will incur a ban of 3 years. Once AOS approved and green card issued, then the overstay is forgiven.

This is a lot to take in at one time, and no need to freak out about it. The moral of the story is to file adjustment of status with EAD and AP together within the first couple of months after getting married... Then no need to worry about anything I have said above...

If you want to read about the AOS process for K1, please see link in my signature and start reading now so you have an idea of what you need to do. BTW, AOS costs $1070. Once again, I advise you to file I-765 (application for employment authorization.. EAD) and I-131 (application for travel document) along with your AOS package.

I hope I did not confuse you terribly. But, I think this is good to know ahead of time for K1ers. We did not file AOS until after 180 days and we have to wait for green card in hand before we can travel.

We learned the hard way...

Edited August 24, 2012 by Que Saudade

[westmeetseast 7]

what is ap? what is gc?

[kennym 275]

apparently i do not understand the process. she is coming to the usa in november and we will marry in december. we then file for aos --adjustment of status but then what is ead and ap?

what else needs to happen?

EAD is a seperate form submitted with your AOS Package.. It is the Employment Authorization Document...

AP is Advance Parole.. Also filed with your AOS Package if you like.. Used to travel outside the US while waiting for Green Card.. Generally intended for emergency travel...

GC - Green Card.. your fiancees.. This is the Card that you will receive after your AOS is approved.. She will be a Legal Permanent Resident (LPR).. Green Card is the proof of her LPR Status..

Chech the Guides section for "Adjustment of Status" for all the steps.. Sounds like you have some research to do.. Better get busy..

Edited August 24, 2012 by kennym

[Karee 4,191]

what is ap? what is gc?

AP= Advance Parole. Allows her to leave the country and return to the U.S. without losing her status before she get's her gc. gc = green card.

Once here she can apply for advance parole (I-131), Employment authorization (I-765), and adjustment of status (I-485). You can apply for all 3 of these at the same time, and you only have to pay the fee for the I-485.

[Karee 4,191]

My fiance was reading on a website that when she comes to the usa, she cannot return to Thailand even to visit for two years. Is that true? Does she need to stay in the usa without visiting Thailand for 2 years or can she visit?

She's probably spending alot of time here:

http://www.usvisa4thai.com/index.php

A good site for some things, but like everything bad information is everywhere.

[Karee 4,191]

She's probably spending alot of time here:

http://www.usvisa4thai.com/index.php

A good site for some things, but like everything bad information is everywhere.

My wife spent alot of time on that site, and they had her convinced she had to have all this money in a Thai bank to get an IR-1 visa. Took me a month to convince her that was about tourist visas.

[The Nature Boy 4,224]

My fiance was reading on a website that when she comes to the usa, she cannot return to Thailand even to visit for two years. Is that true? Does she need to stay in the usa without visiting Thailand for 2 years or can she visit?

No. As soon as you are married and file AOS and she receives AP papers she can go and come. If all goes well withing at least a month or two after you file AOS you should be good to go

[KayDeeCee 4,900]

apparently i do not understand the process. she is coming to the usa in november and we will marry in december. we then file for aos --adjustment of status but then what is ead and ap?

what else needs to happen?

10-14 days after she arrives, take her to the SSA and have her apply for her SSN: http://www.visajourney.com/content/ssn

After you marry and receive your certified marriage certificate back from the court, then follow this guide: http://www.visajourney.com/content/k1k3aos

The I-765, Application for Employment Authorization and I-131, Application for Travel Document will typically come in a combo card and will allow her to work and re-enter the US when she travels abroad. The fees are waived when filing with the I-485. The cost to file is currently $1070. She will use the EAD/AP combo card until she is approved for her permanent resident card(green card), then all she needs to work and travel is her green card.

Edited August 24, 2012 by Jay-Kay

[bigdog 377]

Now that you have the scoop, good luck.