Leaving US temporarily

[wilmacera 0]

Hi everyone! Im new here. Hope you guys can help me with my concern. Just filed our papers today and keeping my fingerscrossed to hear good news soon. Anyways, Me and my fiance lived in Philippines and we filed k-1 visa to get married in the US, after we get married can we comeback to the Philippines or we need to stay in US until I'll be approved for permanent residency? Thank you .

[baron555 934]

Hi everyone! Im new here. Hope you guys can help me with my concern. Just filed our papers today and keeping my fingerscrossed to hear good news soon. Anyways, Me and my fiance lived in Philippines and we filed k-1 visa to get married in the US,

That's what the K-1 is for.....plus more, see below.

after we get married can we comeback to the Philippines

After you AOS and receive the AP or GC......but if you mean to go back to the Phils to live permanently.....then the K-1 and AOS and the GC is NOT for you. The GC allows you to permanently reside in the US and you have to maintain a minimum presence (I believe min is 6 months) in the US for the GC to be valid.

or we need to stay in US until I'll be approved for permanent residency? Thank you

Where do you intend to permanently reside? If it is in the Phils, then you only need a visitor visa to visit the US to get married there.

[wilmacera 0]

Hi, Thanks for the answer. We plan to reside permanently in US but because he's doing some work in Philippines we might need to comeback . So just in case we want to come back to Phil after we get married in US can we do that? and what visa should I get the next time I go to US to stay there permanently? ? sorry kinda complicated.

[genr87 53]

Your fiance must stay in the US until she get her green card.

[wilmacera 0]

Your fiance must stay in the US until she get her green card.

Thanks genr87. appreciate it:)

[baron555 934]

Your fiance must stay in the US until she get her green card.

The beneficiary can always leave without the AP or GC...they just won't be allowed back in.

[baron555 934]

Hi, Thanks for the answer. We plan to reside permanently in US but because he's doing some work in Philippines we might need to comeback . So just in case we want to come back to Phil after we get married in US can we do that?

Yes but not until you AOS and receive the AP or the GC. If you both need to return to the Phils for a short time, then that would be OK, but if it may be more than 6 months.....then you might want to take the route below.

and what visa should I get the next time I go to US to stay there permanently? ? sorry kinda complicated.

Alternate if need to return to the Phils for an extended time (6+ months following marriage).

Plan A: Apply for a visitor's visa, travel to the US, get married and return before that visa expires.

Then when you plan to move to the US permanently, apply for a CR-1 or DCF visa while in the Phils, obtain that and move to the US.

Plan B: Apply for the K-1, travel to the US, get married but don't AOS.

Then do the same as above for the CR-1 or DCF.

[Zedayn 486]

Hi, Thanks for the answer. We plan to reside permanently in US but because he's doing some work in Philippines we might need to comeback . So just in case we want to come back to Phil after we get married in US can we do that? and what visa should I get the next time I go to US to stay there permanently? ? sorry kinda complicated.

Once you arrive in the US with a K-1 visa, you will have to marry within 90 days. After you are married you will file AOS paperwork for your conditional green card, and also at the same time you can apply for EAD and AP. EAD will allow you to begin work in the US before receiving your green card, AP will allow you to return to the US before receiving the green card. It will take about 3 months AFTER filing to receive the EAD/AP card.

[wilmacera 0]

Alternate if need to return to the Phils for an extended time (6+ months following marriage).

Plan A: Apply for a visitor's visa, travel to the US, get married and return before that visa expires.

Then when you plan to move to the US permanently, apply for a CR-1 or DCF visa while in the Phils, obtain that and move to the US.

Plan B: Apply for the K-1, travel to the US, get married but don't AOS.

Then do the same as above for the CR-1 or DCF.

very helpful information. Thanks a lot.

[VOL 425]

Why not do a DCF Visa if the US Citizens lives in Philippines. It only takes a few days to get approved. You will have to get married in Philippines first.

[wilmacera 0]

Why not do a DCF Visa if the US Citizens lives in Philippines. It only takes a few days to get approved. You will have to get married in Philippines first.

yeah, we considered that but we both agreed to marry in US. Cause I heard that its easier to get fiance visa to go to US than the other.

[raven52 234]

Yes, K-1 is the way to go! NO DOUBT!

But after marriage my wife was 70 days until she got EAD/AP.,..,.,.AP allows you to travel outside the US.,.,.,but.,.it "guarentees no return.,.,though most of time you can get back in.,.,..,but wait a month or so and you will have a 2 yr. GC..,.,.,then you can travel at will. Not sure of the length of stay!

[Hank_ 9,174]

Hi everyone! Im new here. Hope you guys can help me with my concern. Just filed our papers today and keeping my fingerscrossed to hear good news soon. Anyways, Me and my fiance lived in Philippines and we filed k-1 visa to get married in the US, after we get married can we comeback to the Philippines or we need to stay in US until I'll be approved for permanent residency? Thank you .

Once in the USA and married, you file AOS to get the conditional green card (good for 2 years), can travel outside the U.S. but can't be gone forever or USCIS will consider it to be abandoned and you will have to start over with the IR/CRI-1 visa. There are limitations on how long you can be outside the U.S. for ROC which will get you the 10 year green card. With the 10 year green card can still travel outside the U.S., (of course) and there are still restrictions on how long you can be gone before USCIS considers the green card abandoned ... again. But there is a rainbow after 3 years of being an LPR, you can apply for citizenship, once that is completed you can stay outside the U.S. as long as you like and still be able to enter the U.S. at your whim.