k1 without Adjustment of status

[Hank_ 9,174]

Nope. My asawa didn't travel outside the USA without having an AP or GC.

Just the same you will have no issue filing the I-130.

What is so pressing that you have to exit the USA before getting your AP or GC (60 - 90 days) ? (no I don't really want to know) If you have a valid family emergency contact your local USCIS office to inquire about getting an entry permit for this.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Edited January 1, 2015 by Hank_

[Al422 221]

Spousal visa usually takes one year plus. Not a good choice if you are already in the US on a K-1. Better to wait for the AP so you can leave and re-enter without trouble.

[I AM NOT THAT GUY 5,715]

Spousal visa usually takes one year plus. Not a good choice if you are already in the US on a K-1. Better to wait for the AP so you can leave and re-enter without trouble.

Misconception that AP will allow you to enter without any trouble. You can still be denied entry. It says so right in the instructions for the form. If you can wait for the green card to be issued before leaving the US, so much the better.

To the OP:

Just to verify what Hank was saying, once you are married to a USC, he can always file a petition to allow you to enter the US as his spouse. If you are married for at least two years when you receive the spousal visa (after the process completes), you will receive a 10 year green card when you return to the US. That might end up costing less money in the long run - no AOS or ROC needed. Somebody do the math. You would still have to maintain ties and be able to prove yours was a bona fide marriage, not just a marriage to acquire an immigration benefit, but you already knew that.

Good luck.

[Hank_ 9,174]

Misconception that AP will allow you to enter without any trouble. You can still be denied entry. It says so right in the instructions for the form. If you can wait for the green card to be issued before leaving the US, so much the better.

To the OP:

Just to verify what Hank was saying, once you are married to a USC, he can always file a petition to allow you to enter the US as his spouse. If you are married for at least two years when you receive the spousal visa (after the process completes), you will receive a 10 year green card when you return to the US. That might end up costing less money in the long run - no AOS or ROC needed. Somebody do the math. You would still have to maintain ties and be able to prove yours was a bona fide marriage, not just a marriage to acquire an immigration benefit, but you already knew that.

Good luck.

FYI - green card doesn't guarantee entry either.

[I AM NOT THAT GUY 5,715]

FYI - green card doesn't guarantee entry either.

Then what use is it?

[I AM NOT THAT GUY 5,715]

One difference between the two - the green card gives you a lawful status and gives you entry into the US. Also, as had been posted in other threads, most CBP personal have never seen an AP and are confused about what it means, if they ever get to see one. In other words, more scrutiny that than you would get with a green card.

Edited January 2, 2015 by I AM NOT THAT GUY