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Filed: K-1 Visa Country: Italy
Timeline
Posted

Okay I have posted about this once before but my fiance doesn't believe me so I want to make absolutely sure. He needs to leave the country after the wedding. We have already planned the wedding for a certain date that we can't change, and he needs to go back to Italy where he has been working and living for the past 12 years so that he can get Italian citizenship. He doesn't even want U.S. citizenship we are just trying to get him to be able to live and work in the states temporarily, but we have gone through this whole fiance visa thing in order to do that. Anyway, what I am trying to confirm is this: if he leaves the united states before attempting to adjust his status, we will have to start over right? And we will have to start over with a CR-1 because we will already be married, correct? Which means he would not be able to live and work in America for like another year? Anyone know any way around this?

October 2008- Met in Florida at his brother's wedding to my good friend
August 2009- I went to Italy for 10 days to sight-see, our relationship officially began
November 2009- He came to Memphis for 10 days to visit and meet my family
January 2010- I went to Egypt to meet his family for a week then we went to Rome together for 4 days
March 2010- He lost his ID right before he was supposed to come to Memphis again so I went to Rome instead for a week
August 2010- He came to visit in Memphis for 3 weeks
November 2010- I went to visit him for 10 days in Rome
January 2011- He completed his Masters degree then came to Memphis to visit for 2 weeks
May 2011- I moved to Rome and stayed until November
February 2012- Back to Rome until October (minus a 1.5 month trip to Memphis in June-July)
October 2012- I filed the I-129F Petition upon returning to the states (late October-don't remember the exact date)
November 2nd 2012- NOA1
December 25th 2012- I returned to Rome for my last big trip
March 2013- I went back to Memphis to work full time and plan for the wedding
May 10th 2013- NOA 2!
September 3rd 2013- interview, told he was approved and we would get the visa in 2 days to 2 weeks
September 17th 2013- status says AP :-(
October 5th 2013- Wedding- did not happen

February 4th, 2014- Naples consulate called and said to send passport for visa issuance

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Correct. He would need at least the AP (advance parole) document or card in hand, to be eligible for U.S. re-entry.

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(!).

Posted (edited)

He needs to have his advanced parole or temporary reentry approved before he can leave the US, otherwise the entire process is considered null and void. Also, if you get married during the process, it also nullifies the K1 visa application. The only way after you get married is to reapply for the CR1 visa, which also means he cannot live in the US until the process is finalized.

Edited by GreatDane
 
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