Returning to Home Country

[ejs05k 0]

Once the K-1 Visa is approved, the fiancé and you have been married on US soil, can the fiancé return back to their home country to return to their work. Or, must they stay in the U.S. for a certain period of time to keep the visa?

[Transborderwife 4,666]

The k1 visa is invalid after entry to the USA. It is one time use only. Once you apply for aos and receive ap/EAD combo card the spouse is able to leave the country.

[ejs05k 0]

And how long does the ap/EAD combo card generally take?

[Transborderwife 4,666]

About 90 days after the application for aos has been received.

[ejs05k 0]

How soon do you apply for AOS, after being married to the spouse? Immediately?

[aaron2020 11,651]

Hi,

The K-1 can only be used once to enter the US. Once used, it can not be used again to reenter the US.

She can leave at anytime. Coming back to the US is another matter.

If she leaves without AP or a green card, then she will need a spousal visa to return.

After she enters on the K-1, she has 90 days to marry you. After !marriage, she can file to get her AP and green card. It will take 90 days to get AP and 6 months to get her green card.

Your plan to returmnho!e to a job immediately (this not waiting for AP or a green card) means you will have to file for a spousal visa and wait about a year.

You need to reevaluate your plan.

Best of luck

Edited June 30, 2015 by aaron2020

[aaron2020 11,651]

How soon do you apply for AOS, after being married to the spouse? Immediately?

She can apply only after she is married. She needs to provide proof of marriage to a US citizen in order tp be eligible to adjust. She can not file immediately after entering because proof of marriage is required.

Edited June 30, 2015 by aaron2020

[Transborderwife 4,666]

How soon do you apply for AOS, after being married to the spouse? Immediately?

Providing you have the funds, marriage certificate and any other necessary documents. Take a look at the guides on how to do aos.

[ejs05k 0]

Thank you for the prompt detailed responses

[Cody and Daisy 373]

No ones mentioned this...

If your fiancé is returning to home country to work after green card m/ AP has been received, bare in mind that a green card holder is for living in he United States and can only be out of the states for a certain amount of time before their green card is considered abandoned.

I believe it's less than a year.

[ejs05k 0]

Thanks. It would be less than a year

[Mofo 1]

We want to go back to Arg. in Nov for a honeymoon (we were just married 2 weeks ago). What does she have to do to be allowed to re-enter the U.S.? FYI we are tight on funds, what are our the options? Thank you.

[Transborderwife 4,666]

We want to go back to Arg. in Nov for a honeymoon (we were just married 2 weeks ago). What does she have to do to be allowed to re-enter the U.S.? FYI we are tight on funds, what are our the options? Thank you.

Unless you apply for AOS soon you wouldn't be able to. There's no getting away from the $1070 fee for aos.

[aaron2020 11,651]

We want to go back to Arg. in Nov for a honeymoon (we were just married 2 weeks ago). What does she have to do to be allowed to re-enter the U.S.? FYI we are tight on funds, what are our the options? Thank you.

To be allows to re-enter, she must have AP. AP is only available to her by filing to adjust.

There is nothing else that will allow her to re-enter.

Without filing for AOS and AP, she would need a spousal visa to re-enter.

[Cathi 5,607]

once the green card is received your fiance is required to live in the US or she will need to forfeit her green card...