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KPea

Leaving and re-entering US after K1/marriage

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Hi guys,

Hoping anyone can answer my question!

I am anticipating getting my K1 visa approved in February 2014, then enter US in June, and the marriage will be June/July. After which, I will file for Adjustment of Status straight immediately after.

We do have an overseas honeymoon booked for November however. Does anyone know how long the AOS process takes, or if you are able to leave and re-enter the US while it is still pending and status not yet changed to Permanent Resident?

Oh and also, is it roughly 3 months after filing for AOS that I can legally work?

Any help would be appreciated, thank you!

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AOS can take anything up to a year.

To be able to work and travel abroad sooner than that, you should apply for EAD and AP, which you can do for free if you send the correct forms in with your AOS package. You should get EAD/AP back in about 3 months, but of course - nothing in this process is guaranteed, so I wouldn't book any expensive trips abroad until you know you can definitely leave and get back into the USA.

See this guide, which mentions both of these forms (I-131 and I-765): http://www.visajourney.com/content/k1k3aos

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Advanced Parole has risks also. You better read up a lot. I would honeymoon in the States. Risking 1 year+ for spouse visa (which has happened to honeymooners) is way too great.

The honeymoon is actually a trip we won in a competition, which is kind of once in a lifetime kind of opportunity!

Is Advanced Parole the same thing as the application for I-131 'Application for Travel Document'?

I'm under the impression that at time of filing for AOS after marriage, that I include I-131 (to be able to leave and re-enter US before AOS is approved) and I-765 Application for Employment Authorization (to be able to look for a job before AOS is approved). And the risk is that these take a while to process.

Is this incorrect?

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The honeymoon is actually a trip we won in a competition, which is kind of once in a lifetime kind of opportunity!

Is Advanced Parole the same thing as the application for I-131 'Application for Travel Document'?

I'm under the impression that at time of filing for AOS after marriage, that I include I-131 (to be able to leave and re-enter US before AOS is approved) and I-765 Application for Employment Authorization (to be able to look for a job before AOS is approved). And the risk is that these take a while to process.

Is this incorrect?

How lucky of you!

Yes, AP is Application for Travel Document.

I don't see why travelling with AP is risky, other than as you say - you might not get it in time.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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