Fiancee coming to USA in a month, got a quick question.

[farru83 0]

After we do out court marriage, can we travel outside USA for our honeymoon for a week? Any way she can travel on a visit visa? D

Anyone know anything about this? I don't want to spend the honeymoon anywhere in the US, I want to travel to Europe for a week.

[Kastrs 723]

you can leave the US whenever you want, however getting back in is another story

If you want to settle in the US following your marriage and apply for an AOS, you would first need to have advance parole or a green card in hand prior to traveling outside of the US

I believe this is the correct info, hope it helps

one option, which I think is pretty popular, would be just to delay your honeymoon a couple months after the wedding until your AOS is complete

[UK-USA-K1 128]

I'm no expert on this, but I did find the following information on this site that may be helpful...

http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

"6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

If you have left the US without advance parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the US. This can take months. Any other legal remedies through US Consulates will be time-consuming as well.

Current policy is that Advance Parole applications are sent to a national address for initial processing. In some cases your local office may accept these applications. It is worth calling them to check if this is possible. If so they be able to process the application faster. In emergencies a local office is able to process them locally without having to file the application with the national address. Contact them for more information."

[I AM NOT THAT GUY 5,715]

After we do out court marriage, can we travel outside USA for our honeymoon for a week? Any way she can travel on a visit visa? D

Anyone know anything about this? I don't want to spend the honeymoon anywhere in the US, I want to travel to Europe for a week.

Only if you want to refile again for your wife to get back into the US.

[JensJrny2Ray 367]

After we do out court marriage, can we travel outside USA for our honeymoon for a week? Any way she can travel on a visit visa? D

Anyone know anything about this? I don't want to spend the honeymoon anywhere in the US, I want to travel to Europe for a week.

You can apply for Advanced Parole and EAD at the same time when applying for Adjustment of Status (right after getting married). If you have your heart set on a European honeymoon, and are willing to wait a bit, you can wait until you receive your AP to travel.

[farru83 0]

Thanks,

Can she at least enter Canada and visit Niagra Falls? Or does that fall under the same ruling?

[farru83 0]

You can apply for Advanced Parole and EAD at the same time when applying for Adjustment of Status (right after getting married). If you have your heart set on a European honeymoon, and are willing to wait a bit, you can wait until you receive your AP to travel.

Whats an AP? and EAD?

[JensJrny2Ray 367]

Whats an AP? and EAD?

AP is Advanced Parole (what you will be needing to travel outside the USA after your marriage if you don't have your Greencard yet). EAD is a work permit. You can apply for Advanced Parole and the EAD (work permit) at the same time when you apply for Adjustment of Status after you are married. Like I said, if you have your heart set on Europe for a honeymoon you will have to postpone the honeymoon for a bit while the application goes through.

[Darnell 8,478]

Many things depend on what country she holds a passport from. Since you not make a timeline or chose to list a country in yer profile, it's really difficult to give 'the right answer'.

You've been a member almost a year now - what's up ?

Edited February 20, 2013 by Darnell

[JensJrny2Ray 367]

Thanks,

Can she at least enter Canada and visit Niagra Falls? Or does that fall under the same ruling?

The same thing. Wait until you apply for Adjustment of Status when you can then apply for Advanced Parole at the same time. Maybe try some nice places in the USA for a honeymoon instead and go to Europe later?

[rummy522 2]

Whats an AP? and EAD?

AP = Advance Parole meaning that your spouse can reenter the US while the application for the green card is pending.

EAD = Employment Authorization Document your spouse will need this to be eligible to work in the United States

[agrabs 237]

you can not leave the country until you get your AP card. If you do - you will not get back in and you will have to start the process all over and go the CR1 route. It takes about 90 days after you apply for AOS to get the AP card. Postpone the honeymoon or find some place in the US. There are plenty of cool places to honeymoon within the states.

[farru83 0]

you can not leave the country until you get your AP card. If you do - you will not get back in and you will have to start the process all over and go the CR1 route. It takes about 90 days after you apply for AOS to get the AP card. Postpone the honeymoon or find some place in the US. There are plenty of cool places to honeymoon within the states.

I was thinking of the going to Switzerland, but maybe Hawaii will have to do for now...

So once I apply for AOS, I can also apply for AP, and that should take about 3 months to get to us. So you're saying she can travel out of the country, and then back again with the AP, all while waiting for the greencard? BTW, how long would the greencard take? standard 5 months?

[GandD 5,966]

I was thinking of the going to Switzerland, but maybe Hawaii will have to do for now...

So once I apply for AOS, I can also apply for AP, and that should take about 3 months to get to us. So you're saying she can travel out of the country, and then back again with the AP, all while waiting for the greencard? BTW, how long would the greencard take? standard 5 months?

I think we're in the ten to twelve month range for green cards from an AOS after K-1. Applying for AP at the time of AOS is included in overall AOS cost. Make sure to follow the AOS guide on here, especially the part that specifies whether AP will be used for one or multiple entries. Here's an example AP (I-131) form to be filled out with AOS.

http://www.visajourney.com/examples/INS-Form-I-131.pdf

[farru83 0]

I think we're in the ten to twelve month range for green cards from an AOS after K-1. Applying for AP at the time of AOS is included in overall AOS cost. Make sure to follow the AOS guide on here, especially the part that specifies whether AP will be used for one or multiple entries. Here's an example AP (I-131) form to be filled out with AOS.

http://www.visajourney.com/examples/INS-Form-I-131.pdf

Damn that's a long time! took my 5 months exact to get my greencard.

Thanks for the form. I will apply for the AP card along with the AOS application. If I get it in time, then I will visit outside the US. Otherwise I'll stay put.