Marriage on the Beach....maybe?

[Roxey876 0]

Hey guys! First off, I love this site it has helped me tremendously! Okay...to the business...

I'm a May filer for our K-1. After the wait is over and all is said and done and he get's here we want to just go to the court to get married to get the other paperwork rolling. But my question is once he is here and we get married can we fly back to Jamaica to have the actual ceremony? I want to have the ceremony there so his family can attend. It's easier for my family to just get a passport...get my point? Or does he have to wait to go back to Jamaica until his "citizenship papers" (Don't know the correct wording) is done? I want to at least start my planning if we can do it there.

Thanks guys!!

[agrabs 253]

He cannot leave the country until he gets his AP card. AFter you get married in the US, you will need to file AOS. When you file for AOS you will also want to file for AP (travel permit) and EAD (work permit) It will take about 90 days after filing AOS to get combo AP/EAD card. He can not work or travel outside the US until he has this card.

[loran 4]

Once he gets here and you get married you file for adjustment of status (i.e. i485). While the adjustment of status is in progress he is not supposed to go overseas, unless if there is an emergency but then he would have to ask for permission to go out, and when he goes out the country even with the permission that does not guarrantees him an entry.

[baron555 934]

Hey guys! First off, I love this site it has helped me tremendously! Okay...to the business...

I'm a May filer for our K-1. After the wait is over and all is said and done and he get's here we want to just go to the court to get married to get the other paperwork rolling. But my question is once he is here and we get married can we fly back to Jamaica to have the actual ceremony? I want to have the ceremony there so his family can attend. It's easier for my family to just get a passport...get my point? Or does he have to wait to go back to Jamaica until his "citizenship papers" (Don't know the correct wording) is done? I want to at least start my planning if we can do it there.

Thanks guys!!

He can leave the US whenever he wants.....but if he wants to get back in, he must get married and then file for his AP along with the AOS. Once he has either the AP or GC, then he can return when he's left the US. AP takes about 3 months after the AOs filing which is after you get married. That's your time frame for the fly back to Jamaica plan.

[Andrea&Henry 311]

Once he gets here under any circumstances he shouldnt leave the country until he gets at least his advanced parole (travel permit). Once you guys get married you should apply for his adjustment of status, so he can get his greencard. Usually the waiting period is about 6 to 11 month so in the midtime you can get him his combo card EAD/AP (work and travel permit). Its free for people who are adjusting from k1 visas and others and you do it simply adding the forms to his AoS package. Usually takes 3 month to get this card. With this he can work and travel while he waits for his greencard. If he leaves without adjusting he cannot comeback. You will need to file a new petition but now a CR1 visa which is for spousal petition (another 10 months). So you can have your beach wedding in jamaica as long as he has his travel permit or greencard

[Andrea&Henry 311]

He can leave the US whenever he wants.....but if he wants to get back in, he must get married and then file for his AP along with the AOS. Once he has either the AP or GC, then he can return when he's left the US. AP takes about 3 months after the AOs filing which is after you get married. That's your time frame for the fly back to Jamaica plan.

if leave the country with a k1 visa, he cannot get back. If they are already marry she will need to file for a cr1 petition (spouse visa)

[Pitaya 2,577]

Welcome to the forum.

For the K-1 visa, the "actual" marriage has to occur in the US, within 90 days of the beneficiary's POE arrival in the US (refer to I-129F instructions for details). If they leave the US prior to obtaining either an Advanced Parole (AP) document or a I-551 Green Card, CBP will likely not allow readmission to the US, and USCIS may determine that the immigration process has been "abandoned." You will then likely have to start over with the spousal visa process.

There are numerous threads about this very issue, use the forum's search function to find some of the threads related to this often-asked question.

Many folks get married in the US, and then have a ceremony in the beneficiary's country for their family and friends, after receipt of the AP or Green Card.

http://www.uscis.gov/files/form/i-129finstr.pdf

Good luck on your visa journey.

[HeatDeath 431]

You will submit your AOS forms as soon as humanly possible after your courthouse wedding. 45-90 days after that you'll get his EAD/AP card, as described above. You can go to Jamaica then.

He must not leave the US without either his advance parole card or his green card, or he won't be able to reenter the US without taking several months and hundreds of dollars to get a spousal visa.

Also, by "citizenship papers" you really mean "green card", which shows that he is a "permanent resident." He will not be a "citizen" for several years yet, and you must watch any papers (drivers license application, etc) he fills out like a hawk to ensure that you never, ever, by commission or ommission, even accidentally, refer to him as a citizen or indicate that he is a citizen. Doing so, even accidentally, can get him deported for life. I'm not even kidding.

"Citizen" is one word that must never ever be used in an imprecise manner. He is not a citizen until and unless he takes a citizenship oath in front of a judge.

Edited July 16, 2013 by HeatDeath

[Andrea&Henry 311]

You will submit your AOS forms as soon as humanly possible after your courthouse wedding. 45-90 days after that you'll get his EAD/AP card, as described above. You can go to Jamaica then.

He must not leave the US without either his advance parole card or his green card, or he won't be able to reenter the US without taking several months and hundreds of dollars to get a spousal visa.

Also, by "citizenship papers" you really mean "green card", which shows that he is a "permanent resident." He will not be a "citizen" for several years yet, and you must watch any papers (drivers license application, etc) he fills out like a hawk to ensure that you never, ever, by commission or ommission, even accidentally, refer to him as a citizen or indicate that he is a citizen. Doing so, even accidentally, can get him deported for life. I'm not even kidding.

"Citizen" is one word that must never ever be used in an imprecise manner. He is not a citizen until and unless he takes a citizenship oath in front of a judge.

very very good point! HeatDeath is absolutely right! if you are still married to them he can apply for his citizenship after 3 years of his GC (2 conditional + 1 year after his remove of conditions)

Edited July 16, 2013 by Andrea&Henry

[Jawaree 719]

If all your family have to do is obtain a PP Y not opt for spousal visa...get marry on the

beach in JA as U desire with his & your family members...It takes almost the same amount

of processing time, he can start working immediately upon landing and travel where-ever as

he will have his Green Card ...citizenship for him would be 3 yrs later (if U R USC)5 yrs if

U R not...think about which petition U prefer ...best wishes