Honeymoon (out of US)

[VOL 425]

Most states require EAD so while possible to get a short term license, most often not. You are the first person from TX that has said you actually got a license using the 90 day I-94. I have read many that were turned away until the EAD was received showing a year's legal presence in the US.

So did her first license obtained with the I-94 expire on the 90th day after POE?

Correct.......I got my new wife a Texas ID a couple months ago and it expired after 90 days, With that we are able to get hunting and fishing license, etc and serves a ID here in many places

[Saffer 27]

Just go somewhere in the US, it's a big country. Why make your life complicated?

[kittens_0117 5]

So basically we should try and book a "in-country" honeymoon just to be on the safe side! And then once the green card is issued my spouse can then travel freely, correct?

LOL I had the Advance Parole (AP) and everything, but we decided to have a mini-vacation in-country, then booked a honeymoon months out when we're pretty sure we would have everything taken care of - name change, passport change, green card, etc...

I figured I'd enjoy the honeymoon better if I'm VERY sure I'd be let back in.

Edited May 22, 2015 by kittens_0117

[NikLR 13,220]

Go to Hawaii! If you like adventure then try the Big Island. You can rent a home (try VRBO - Google it) and a car. I've been twice for 9 days each and each stay wasn't long enough (but more than enough time with my ex's family... lol)

Nick nick has great advice

Edited May 23, 2015 by NLR

[discoverusa 229]

We went on Hawaiian cruise, Pride of America with Norwegian Cruise Lines (NCL). A little pricier than Caribbean cruise, but you are still in US. We had a great time.

[pandainamerica 6]

Just go somewhere in the US, it's a big country. Why make your life complicated?

I concur. It is my belief that you should not travel outside the US for leisure until your greencard is approved. Apart from the theoretical increased risk of being in 'paroled' status after you return, extensive travel abroad even with AP puts your sincerity of wanting to stay in the US permanently in doubt. Finally, too many days abroad can delay you being treated as 'resident alien' for tax purposes, and potentially stopping you from filing taxes jointly, which for some people could be thousands of dollars in difference than filing separately.

[Cathi 5,610]

YES you may travel or go on a honeymoon while waiting on your AOS interview but you cannot leave without informing the officials or the USCIS would consider your foreign spouse has abandoned their AOS application and you will have to start all over and this time probably by applying for a K-3 visa and your foreign spouse will have to wait in their country while the K-3 application is processed.

To avoid that hassle just file for Advance Parole application (either together with the AOS application or separately) along with proof that your AOS application has already been filed if filing separately. Once you receive the Advance Parole, your AOS application will be preserved in its place in line. Your honeymoon would not delay the process. You may also be granted a multiple entry Advance Parole with which the foreign spouse can enter/leave US multiple times.The form you file for Advance Parole will ask you why you qualify for it. So just state your reason there. The Advance Parole keeps your AOS application active while you’re gone but the foreign spouse might be pulled into a separate line for secondary inspection upon their arrival in the States (which is normal so don't worry if that happens to you)

Here an AOS checklist

• Form I-131
• A separate sheet of paper explaining why you qualify for Advance Parole and why your application should be approved (no need to spend too much time on this one or make up any details, most requests are approved)
• Copy of the receipt notice you would receive when you file for AOS
• Copy of a photo IDs, e.g. driver’s license, passport etc
• Two color passport style photos

Advance parole has no filling fee!

K-3 visa is obsolete and VERY rarely issued anymore. It has been many years since the K-3 was a real option

[KayDeeCee 4,891]

YES you may travel or go on a honeymoon while waiting on your AOS interview but you cannot leave without informing the officials or the USCIS would consider your foreign spouse has abandoned their AOS application and you will have to start all over and this time probably by applying for a K-3 visa and your foreign spouse will have to wait in their country while the K-3 application is processed.

To avoid that hassle just file for Advance Parole application (either together with the AOS application or separately) along with proof that your AOS application has already been filed if filing separately. Once you receive the Advance Parole, your AOS application will be preserved in its place in line. Your honeymoon would not delay the process. You may also be granted a multiple entry Advance Parole with which the foreign spouse can enter/leave US multiple times.The form you file for Advance Parole will ask you why you qualify for it. So just state your reason there. The Advance Parole keeps your AOS application active while you’re gone but the foreign spouse might be pulled into a separate line for secondary inspection upon their arrival in the States (which is normal so don't worry if that happens to you)

Here an AOS checklist

• Form I-131
• A separate sheet of paper explaining why you qualify for Advance Parole and why your application should be approved (no need to spend too much time on this one or make up any details, most requests are approved)
• Copy of the receipt notice you would receive when you file for AOS
• Copy of a photo IDs, e.g. driver’s license, passport etc
• Two color passport style photos

Advance parole has no filling fee!

Adjustment applicants applying for AP do not state a reason for travel anywhere on the form, nor do they need to provide a separate attachment to give a reason or explanation.

The I-131 does have a filing fee, but if you have filed a pending I-485, then the fee is waived. Same for the I-765.

[Nich-Nick 3,353]

Finally, too many days abroad can delay you being treated as 'resident alien' for tax purposes, and potentially stopping you from filing taxes jointly, which for some people could be thousands of dollars in difference than filing separately.

Not a valid reason to avoid travelling abroad.

If married to a USC, the non-resident alien spouse can elect to file taxes jointly with the American even if he had never stepped foot in the US. [iRS Publication 519, page 9, column 1]

[sailorgal 33]

K-3 visa is obsolete and VERY rarely issued anymore. It has been many years since the K-3 was a real option

I meant the spouse visa. Thought that was called the K-3 visa.

[sailorgal 33]

Adjustment applicants applying for AP do not state a reason for travel anywhere on the form, nor do they need to provide a separate attachment to give a reason or explanation.

The I-131 does have a filing fee, but if you have filed a pending I-485, then the fee is waived. Same for the I-765.

Well few months ago, or may be a year, a friend told me they had to. May be they don't do it anymore.

[NikLR 13,220]

I meant the spouse visa. Thought that was called the K-3 visa.

There are two spousal visas, IR1/CR1 (depends on length of marriage upon entry to the USA) and the K3.

[KayDeeCee 4,891]

Well few months ago, or may be a year, a friend told me they had to. May be they don't do it anymore.

They didn't then either. Nothing has changed. It states so in the form instructions.

[FamilyGuyT 9]

CAUTION......I repeat........CAUTION..........

In reference to using the Advance Parole card and/or letter, you better call BOTH countries and get validation that the AP will qualify to enter the country and re-enter the U.S. AND..... get it in writing by someone very high up! Yes, I know exactly what all the websites and government pages say about the AP but that doesn't mean a da&%! thing. Other countries can and WILL do what they want and can change their mind/policy anytime they want.

I made those calls(to our gov.) to verify, I read every piece of official website info, I read all the stories of people stating it would work....then booked the 12 day honeymoon trip to Cancun Mexico with the AP/EAD combo card in hand along with the approval letter, marriage cert, birth cert, valid Philippine passport(w/ K-1 expired visa inside), and a U.S. state I.D. Only to get my 4'9" 93lb wife detained and treated like a criminal and sent home on the next flight, NO QUESTIONS ASKED. No allowance for me to remain with her or know anything about the flight she would be placed on the next morning. Nothing. I was given 5 minutes with her and then forced to leave the airport.

The U.S. Embassy can't help you, or didn't in this case. The response I got was "They can change their policy at any given moment and nothing we can say to change their mind"

Biggest nightmare ever. Very scary for my wife. Placed in a detention/jail type room with locked door and cameras, 2 security guards outside the door, no windows at all, sharing food and beds with other detainees. No personal items or phones allowed. The next day escorted by Three then two individuals that never left her side until the plane door closed for departure.

At this point I wouldn't trust any government including our own when they say "sure, it will work". Obviously besides the emotional/scarring stress endured, now we are faced with losing the $4,500 for the trip because of last minute cancellations.

I promise you, it's not worth the risk.

[KayDeeCee 4,891]

AP is used to re-enter the US only. It allows you to be paroled back into the US when traveling abroad while waiting for your permanent residency to be approved. It is not used to enter other countries. If you need a visa to enter another country, then you need to get one before going on your trip. I do not believe the PI is exempt from needing a visa to enter Mexico. Your wife would have needed to have her US permanent residency first, then she would not need a visa to enter Mexico. You can enter Mexico with a valid US visa when entering from the US, but the K-1 is a one time entry visa and was expired, null and void, so perhaps that is why she was not allowed to enter Mexico.

Did she have a problem re-entering the US with the AP when she was sent back?