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Tony and Daisy

K1 visa and AP or CR1/IR1 later?

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I am a DoD contractor with an offer to go to Korea later this year. My fiance` and I are about to go to her medical and interview in Manila over the next few weeks. So, we have a timing issue.

Realistically, how fast could USCIS process the Advance Parole? We don't want her to come to the US only to have to sit with my parents for a couple months while waiting for authorization to leave/re-enter the US.

Or, should we just plan for me to fly to the Philippines, get married there and process a CR1/IR1 towards the end of my contract in 5 years?

For clarification, my contract includes my family accompanying me so her visa to Korea isn't an issue and will be joining me there.


US Citizenship based on section 319(b)

Entered US Date: 7/27/2015

Date Married: 8/15/2015

GC-Date: 12/1/2015

Sent: 4/12/2016

Check Cashed: 4/20/2016

E-Notification: 4/20/2016

NOA: 4/18/2016

Fprints: 4/12/2016

In Line:

Int Ltr: 7/19/2016

Interview: 8/8/2016

Oath: 8/10/2016

Field Office: Honolulu, HI

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I am a DoD contractor with an offer to go to Korea later this year. My fiance` and I are about to go to her medical and interview in Manila over the next few weeks. So, we have a timing issue.

Realistically, how fast could USCIS process the Advance Parole? We don't want her to come to the US only to have to sit with my parents for a couple months while waiting for authorization to leave/re-enter the US. See current VJ Processing Times, easily accessible at the top of the forum page: http://www.visajourney.com/content/times . As often mentioned on this forum EAD/AP processing takes about 60-90 days.

Or, should we just plan for me to fly to the Philippines, get married there and process a CR1/IR1 towards the end of my contract in 5 years? Personal decision, as that you have already in the middle of K1 processing.

For clarification, my contract includes my family accompanying me so her visa to Korea isn't an issue and will be joining me there.

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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So you will be effectively living in Korea for 5 years? I am not 100% but I am pretty sure that even with AP, she will still need to maintain residence in the US. If she is with you for the full 5 years I am not sure how that is possible. But I am not totally sure about that.


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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I am a DoD contractor with an offer to go to Korea later this year. My fiance` and I are about to go to her medical and interview in Manila over the next few weeks. So, we have a timing issue.

Realistically, how fast could USCIS process the Advance Parole? We don't want her to come to the US only to have to sit with my parents for a couple months while waiting for authorization to leave/re-enter the US. Around 90 days.

Or, should we just plan for me to fly to the Philippines, get married there and process a CR1/IR1 towards the end of my contract in 5 years? Probably a better idea.

For clarification, my contract includes my family accompanying me so her visa to Korea isn't an issue and will be joining me there.

Hi,

If you intend to live in Korea for the next five years, then getting the K-1 only makes sense if you want to marry in the US. AP will take about 90 days after she enters on the K-1 and marry. AP allows her to re-enter the US if she leaves before getting her green card.

To keep a green card, she must maintain ties to the US. Google "maintaining legal permanent residency." She will lose her green card for living outside the US for 5 years.

Complete the K-1 if you intend to marry in the US. Forget about AP and the green card since she will not be maintaining ties to the US.

Get marry in the PI, and then apply for a IR-1 visa in 5 years. (You avoid the process and cost of removing the condition on a 2 years green card with a marriage over 2 years.)

Yes, it's confusing.

Best of luck.

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OP said he was going as a DOD contractor so that makes a difference on the residency.

We are in June, not sure when you are going, if it was December for example I would keep on going.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OP said he was going as a DOD contractor so that makes a difference on the residency.

We are in June, not sure when you are going, if it was December for example I would keep on going.

If DOD contractors follow the same criteria as Active Duty Military then it there is a difference. My late wife spent only 3 months in the U.S. after arrival from the Philippines in 1986. The DOD put the SOFA stamp in her Philippine passport and we spent 3 years in Germany. All that time abroad counted as residency.

I don't remember if the 2 year then 10 year card requirement existed in 1989, but we definitely did not get a new card while in Germany. A few months after our return we had an interview and a new card was received (some time in 1990 I think). Soon after she applied for naturalization.

I would definitely check to see if that time in Korea would count as residency and if the DOD works to get the Korean visa or SOFA ( not sure if these are even used still) stamp issued for your non-USC spouse.

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OP said he was going as a DOD contractor so that makes a difference on the residency.

We are in June, not sure when you are going, if it was December for example I would keep on going.

Residency in the US can be maintained with an annual trip to the US and a letter to USCIS, that is not a concern, I should have specified that.

I am looking at September to relocate hence the timing problem. :) She would be Command Sponsored (full SOFA status).

I supposed we could use the K1 to get married and not file AOS, just abandon it, but the one way ticket for her and her daughter and a RT for me is a bit costly just to get married. :D I am going to have to think more about it.

Edited by Tony and Daisy

US Citizenship based on section 319(b)

Entered US Date: 7/27/2015

Date Married: 8/15/2015

GC-Date: 12/1/2015

Sent: 4/12/2016

Check Cashed: 4/20/2016

E-Notification: 4/20/2016

NOA: 4/18/2016

Fprints: 4/12/2016

In Line:

Int Ltr: 7/19/2016

Interview: 8/8/2016

Oath: 8/10/2016

Field Office: Honolulu, HI

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Residency in the US can be maintained with an annual trip to the US and a letter to USCIS, that is not a concern, I should have specified that.

Nope

And the subject is horribly complicated and fact specific.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Most DOD contractors are treated the same as active duty military. The time spent overseas counts the same as if you were on US soil. Best place to check would be with your employer. If you are unsure or can't get a straight answer just marry and file when you are about 1 year out from returning.

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