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ninety1zx

Pre AOS question about leaving country

By ninety1zx in K-1 Fiance(e) Visa Process & Procedures

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ninety1zx Newbie

ninety1zx   0

Posted
Filed: K-1 Visa Country: Australia
 Timeline
Posted

Hi,

My fiance is Australian and we have been working on the process for the K-1. She will be having an interview in the next month or so where presumably she will receive her K-1 Visa. My question relates to traveling back to Australia. Originally were going to live here as most people on this site, however we are now thinking that we want to live in Australia for a while.

Since we have already gotten this far in the process for the American visa though, we want to move forward with it so that she can live and work in US whenever we feel like coming back. I am aware that you need an advance parole doc in order to leave the US after filing the AOS, but I am wondering whether we can leave to head back to Australia after getting married in the US but before filing the AOS? My understanding is that this would be bad as it would probably cause abandonment of the fiance/spousal visa. I just want to confirm this with the community here.

Weird situation I know, but we dont want her to lose her job in Australia, which would likely happen if she had to stay here for 2-3 months while we wait for the AP to process. If anyone has any suggestions on how we can achieve this, it would be greatly appreciated.

Thanks all.

Andy and Pui Rising Star

Andy and Pui   16

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
Posted

That will not work. The green card is for you to live and work in the US. The max time you can be gone is up to 1 year, if it will between 1 year and 2 years you can try and fill out a reentry card.

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

Penguin_ie Grand Master

Penguin_ie   6,005

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Nobody is going to stop her leaving the country but if she does so before AOS is filed, she won't be able to come back (as she had a K1, which is one time entry, and won't be able to use the Visa Waiver Program anymore). So then next time she'd nee to apply for either a tourist visa to visit or a spousal visit to live in the USA.

You are right that AP allows her to travel out of the USA, but AOS needs to be filed for AP to be given, and it is for travel abroad, not for living abroad. How long does she want to stay at her job? Keep in mind that the K1 visa is usually valid for 6 months, so she could always stay in Australia for another half a year before coming to get married to you in the USA.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

bigdog Veteran

bigdog   377

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Nobody is going to stop her leaving the country but if she does so before AOS is filed, she won't be able to come back (as she had a K1, which is one time entry, and won't be able to use the Visa Waiver Program anymore). So then next time she'd nee to apply for either a tourist visa to visit or a spousal visit to live in the USA.

You are right that AP allows her to travel out of the USA, but AOS needs to be filed for AP to be given, and it is for travel abroad, not for living abroad. How long does she want to stay at her job? Keep in mind that the K1 visa is usually valid for 6 months, so she could always stay in Australia for another half a year before coming to get married to you in the USA.

:thumbs: My wife worked an extra 4 months then came to the US. Just wait for your AP, then travel.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

 
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