When can fiance visit his country?

[Skycathedral 0]

Hi, I am hoping our visa will be approved and my fiance will be here this year. I'm worried though, because his parents are both old and sick, so I was wondering, if he came here after the fiance visa is approved, could he return home if they got really sick or if one of them died? I would hate to have to re-do the entire visa process if he had to leave, but we would have no choice if anything happened. Please let me know.

Thanks,

Sara

[Otto 83]

From the K1Visa FAQs in the Guide Section

Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

If you have left the US without advance parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the US. This can take months. Any other legal remedies through US Consulates will be time-consuming as well.

Current policy is that Advance Parole applications are sent to a national address for intial processing. In some cases your local office may accept these applications. It is worth calling them to check if this is possible. If so they be able to process the application faster. In emergencies a local office is able to process them locally without having to file the application with the national address. Contact them for more information.

[Cassie 8]

Hi, I am hoping our visa will be approved and my fiance will be here this year. I'm worried though, because his parents are both old and sick, so I was wondering, if he came here after the fiance visa is approved, could he return home if they got really sick or if one of them died? I would hate to have to re-do the entire visa process if he had to leave, but we would have no choice if anything happened. Please let me know.

Thanks,

Sara

If he leaves the US before your marriage, or after your marriage and before him receiving his AP papers, then yes, you will have to start over, because he will not be allowed back into the US.

[Skycathedral 0]

so once he gets his greencard, he can leave the U.S.?

[bora bora 1]

He can apply for Advanced Parole - I think it takes about a couple months (maybe 2).

I know someone who did this because her mother was sick.

I don't know much about it but you can research it...

[Cassie 8]

so once he gets his greencard, he can leave the U.S.?

Yes, but as I and the others have stated here, he can apply for the Advanced Parole documents which provide him the opportunity to leave the US and come back while going through the process of applying/waiting for the green card.

[Otto 83]

When do I get the green card?

A..After the interview, your passport "may" be stamped with the I-551 Alien Registration Receipt stamp. (Congratulations. You are now a Conditional Permanent Resident). In many cases however this does not happen and you are told to wait for your green card to arrive in the mail. The stamp and/or green card are proof of your new permanent residency. Note: You will also have a fingerprint taken for the green card. The photos you submitted with the I-485 will be used for your green card picture. If you have been married more than two years when you have your Adjustment interview, you may well become a permanent resident with no conditions.

As a Conditional Permanent Resident, you do not need advance parole to reenter the US after traveling abroad. The I-551 stamp (if you got it) or green card is also proof of authorization to work.

By law, you need to carry your passport with the I-551 stamp (if you got it) or your green card with you at all times as proof of your status. However, as one newsgrouper posted in Jan 2001, "My alien spouse asked whether there is any substitute for the real I-551 document that one could carry in a purse and afford losing it in a mall. The Bloomington (MN) USCIS (INS) person said that one could use a form FC-029 used for submitting copies of documents to the USCIS (INS) instead of the originals and carry stapled with it photocopies of the front and back of the I-551 or the relevant passport pages."

Can I travel abroad after becoming a permanent resident?

A..Sure, but if you need to be out of the United States for over 12 months, you must file form I-131 and obtain a "re-entry permit". As a *brand new* permanent resident, you should consider getting a re-entry permit if you expect to be out of the United States for 6 months or longer.