Arrived with k1 visa, got married within 90 days. Going home without AOS yet

[Bare 0]

In the US with k1 visa, planning to go home in Philippines without Adjusting Status yet?I arrived in the US with a k1 visa, got married within 90 days, haven't adjust status yet ( green card ), only have Philippine passport and planning to go home for a family emergency. Will it be hard to go back in the US with my husband or is there any process that we can do for me to go back with my husband? And also I need to renew my Philippine passport when I go home in Philippines and I want it to be on my married name, what do I need to do? Thanks.

[teanet 20]

If you leave without green card or advance parole than you won't be able to come back to US and will have to go with CR1 which takes pretty long.

[belinda63 2,981]

The K-1 visa is a single entry visa. When you leave you can't come back with the K-1. You would have to start over with the CR-1 which will take about 12-18 months.

[christeen 966]

If you do not get the AP/EAD then You have to start over with the CR1 visa, it is currently taking 12-18 months... If it is an emergency, you can file AOS, then request emergency AP ...

[EndlessStory 53]

Will Philippines allow co-sponsor? Won't that be a risk you might need to take if you leave without AOS now?

[Pitaya 2,576]

Your K-1 visa was a one-time visa, that was cancelled at your POE arrival. If you leave now without filing for AOS and receiving Advance Parole document, you will have to stay in the Philippines and apply for a spousal visa to reenter the US.

From the K1/K3 AOS Guide:

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).

http://www.visajourney.com/content/k1k3aos

Good luck on your immigration journey.

[nobbie 105]

Do you have AP? Your timeline is not filled in so we cant tell. if you have AP then no problem.

[Pinkrlion 2,610]

You can schedule an emergency AP appointment with info pass. Otherwise, you will be denied entry, and will have to start the process all over.