Application for Travel Document

[sjs87 27]

Hello VJers,

I am not sure if any of you have applied for the 'Application for Travel Document' -- that would allow you to leave the U.S. during AOS phase before the Green Card is issued.

Originally my fiance and I plan to have me move down after my January 2 interview, pending that we are approved and everything goes smoothly. We have planned a wedding back in Canada for March 29, but the likelihood of receiving a Green Card by then is slim, which means we would have to apply for the Travel Document. My concern is that the TD should arrive within 2 months of the AOS filing date, but if there are delays with the TD application, I'd be stuck and likely unable to return to Canada for the wedding. Obviously that isn't really an option to miss the wedding -- invitations have been sent, money has been paid to venue, etc. When I started planning this it wasn't evident to me that a) our K1 process would be taking this long and b) the length of time it would take to actually apply for/receive the Travel Document.

Have any of you applied for the TD, and if so, how long did it take for you to receive it?

I feel like my only other option -- if the TD route is risky, if there was a delay that would effectively disallow me from coming back to Canada for the planned wedding -- is to delay my moving down, and still hold the 'wedding' in Canada but not actually be legally married until after our Canadian wedding, if that makes any sense. That way there is no risk on missing out on the wedding -- or losing the thousands of dollars spent on it.

I feel like I am overthinking things right now...I've already sent off an email to my lawyer asking her about this -- but I thought asking my fellow VJers would also give me perspective on this situation.

Any and all insight is MUCH APPRECIATED!

[Hypnos 6,576]

You must marry in the US when entering on a K-1 visa. Perhaps you mean you are having a legal wedding ceremony in the US, then planning to have another civil / religious ceremony in Canada?

Advance Parole (that's what you would be applying for) must be issued within 90 days of application, and the median seems to be ~70 - 80 days.

It's generally a bad idea to pay non-refundable deposits on anything (airline tickets, wedding venues, hotels, etc.) until the visa is in your hands.

Edited December 9, 2013 by Hypnos

[KayDeeCee 4,893]

You are having your wedding in Canada? You mean just a ceremony after having a courthouse wedding in the US after you enter the US with the K-1? I am a bit confused by the wedding plans you describe here in your post but assume you mean the wedding in Canada is a ceremony only, since you will have already legally wed in the US..

After entering with a K-1, you must marry in the US within 90 days. Once married and you have a copy of your certified marriage certificate, then you can file for AOS(green card). You also file for the EAD(work authority) and AP(advance parole-re-entry travel document) at the same time as the AOS. The EAD and AP typically come in a combo card and it takes about 2-3 months to receive the EAD/AP after filing. An RFE can delay the processing times.

I would not count on receiving the EAD/AP before your ceremony in Canada is scheduled. So, you might want to wait to enter and hold your ceremony-only wedding in Canada, then enter the US with your K-1 and get married legally.