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Filed: K-1 Visa Country: Australia
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Posted

Hi

I am interested in finding out whether a K1 nonimmigrant fiancee is permitted to travel to the U.S. virgin islands before applying for an Adjustment of status, or I-131 travel document/advanced parole from the USCIS.

If the nonimmigrant's passport, I94 form and visa are still current, will travel to the US virgin islands be equivalent to visiting a city within the US mainland?

A nonimmigrant on a fiance visa is permitted to travel within the united states, however will forfeit their permanent residency application if they travel outside of the US before obtaining advanced parole or a green card.

for these purposes, does traveling to the US virgin islands (st thomas) count as remaining within the unites states? will a K1 fiancee visa nonimmigrant have difficulty re-entering the US mainland from St thomas, Virgin Islands?

thanks

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Thread moved from K-1 Process forum to the Working & Traveling forum. ***

(Organizer hat off)

This question is asked frequently. The short answer is: do NOT risk it; stay within the 50 United States until the Advance Parole document or green card is in hand.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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