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Question regarding what happens AFTER you enter the U.S. from Canada on a K1-Visa

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Filed: Country: Canada


My fiancee will be coming to the U.S. soon (we are going through the interview process currently) and we're both wondering... after we get married, how long is it before she is able to travel back to Canada without any problems? She has grandparents and obviously doesn't want to not be able to go back to Canada barring any emergency (knock on wood). We know there's a waiting period for the green card... is she able to go back to Canada before this? We're assuming not. If anyone has a rough idea of how long she's essentially "not able" to go back.. that would be absolutely incredible. We would appreciate any help! Thank you!!

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Filed: Country: Mexico

You need to file for AOS first. At that time you also file for an EAD and AP. If you leave the US before obtaining AP or the green card, then your AOS eligibility will be abandoned.

Print out your I-94 info > https://i94.cbp.dhs.gov/I94/request.html

Follow this guide for getting the SSN > http://www.visajourney.com/content/ssn

Follow this guide for AOS > http://www.visajourney.com/content/k1k3aos

The fees for the I-765(EAD-work authorization) and I-131(AP-advance parole for travel) are waived when filed with a pending I-485, so include both of those too. It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

You need all the supporting documents for each form as well, so read the instructions for each one. You can also search here on VJ for what to include with each form if you get stumped. There are also example forms here on VJ you can look at when filling out the forms. They can be helpful.

Oh, and here are the details you need about whether or not you need to see a civil surgeon > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

~ Moved from Canada regional to AOS from Family Based Visas - topic not specific to Canada, best answers found in AOS forum ~

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: K-1 Visa Country: Canada

Great reply KayDee. :)

Yes, definitely do not travel until you receive your AP. Best to file for EAD and AP when you file for Adjustment of Status. (AOS).

Depending in the efficiency of your state, expect at least 2 to 3 months wait after applying for AOS.

We applied for AOS on June 10, 2013. Had our biometrics appt. in July. Received our EAD / AP on August 27th and greencard on
Sept 17th. So, just over 3 months from application to greencard. :luv:

Good luck with the interview, and the rest of your journey.

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

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Filed: Timeline

I was told by border agents that if I tried to re-enter the US without AP then I would be charged $1500 for them to re-issue the visa.

But then again they also told me I needed AP on a K3 (which I do not!).

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Filed: Country: Mexico

There is no $1500 fee to re-issue a K-1 visa. There is a very specific reason a K-1 visa could be re-issued(by the consulate, not CBP), and that is not it. If someone that entered with a K-1 visa leaves without having AP or their green card, the AOS is abandoned and they won't be able to re-enter without filing for a spousal visa.

9 FAM 41.81 N6.3 Reissuance of K-1 Visa
(CT:VISA-1547; 09-27-2010)
If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa, provided the alien fiancé(e) pays a new application processing fee, and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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