Remaining in the U.S After Getting Married

[Caleb&Ashlee 0]

Hi everyone,

this may seem like a pretty straight-forward and obvious question, and I didn't have any concerns either, until just today when I was talking with my cousin. I recently entered the U.S. on my K1 Fiance(e) visa. There was no issues at the border and the border guard advised me to stay in the U.S. until I was married and had filed for adjustment of status. He said that although people do apply for an advance parole and it can work, it's very complicated and he doesn't advise it. So, the way he was talking, it sounded like I am definitely able to stay in the U.S. now, so long as I get married within the 90 days and adjust my status and follow proper procedure. And this is what both I and my Fiance thought to be the case, not having read anything to the contrary here or elsewhere.

However, this morning I talked with my cousin who has had some experience with immigration related situations, and he told me that I had better make absolutely sure that I don't have to leave the U.S. for a period of time after the 90 days and getting married, while my adjustment of status is being processed. He told me he has read of numerous situations where people on K1 visas ran into legal trouble because they got married in the 90 day period but did not leave while their AOS was being processed. Can anyone help clarify this for us? As I said, I didn't even think this was an issue. I thought I only had to leave now if I do not get married in the 90 days the K1 visa allows for. (And in fact I have read the opposite, where if you leave before status adjustment, you abandon the visa process and must start over with a spousal visa).

Any assistance is very appreciated.

~Ashlee

[Ash.1101 1,755]

Pretty confident if you leave before you have your AP and your AOS is processing, that you forfeit your AOS, which will cause you to have to stay up in Canada and ya'll will have to apply for a Spousal Visa.


I'd say listen to the majority over the minority. I've never heard anyone say, at here at least, "You need to leave while your AOS is processing". I've also never really seen anyone have issues with getting their AP unless the situation was complicated to begin with.

Some people think they know the system but not really know it as well. I've heard the whole "Oh I've heard this is a super hard process and most people don't get approved" from some people when talking about k1 visa for US/Canada, but I've maybe only seen two or three out of a hundred or so on this website LOL. The ones denied usually had some form of criminal record or lied on papers. /shrug The process for us has been incredibly smooth so far, but everyone's experience differs and some base their opinion on what others said, and others actually have hands on experience. I prefer the opinion of those who have done it. =]


But yes, the plan generally is, you come in on your K-1. Get married within your 90 days of entry into the US, and then stay here through your AOS processing UNTIL you have premission to leave which is your AP. If you wanna leave and go up back to canada and visit when you have your AP you can feel free too, but if you leave before you have your AP, your AOS is forfeit and everything you just did in terms of K1 is pretty wasted.

Edited July 4, 2015 by Ash.1101

[statmania 12]

Your cousin would be wrong regarding the K1. If you leave with out AP or your conditional GC then you will need to apply for spousal visa and basically start the process all over. When you apply for your AoS you can also apply for AP and EAD. However, do not leave the US until you have at least AP after you get married.

[Caleb&Ashlee 0]

Thank you both for your quick replies. We did believe I would need to stay in the U.S., so thank you both for that clarification.

[Darnell 8,478]

numerous situations where people on K1 visas ran into legal trouble because they got married in the 90 day period but did not leave while their AOS was being processed.

This Venn Diagram Does not exist.

<EOM>

ps, your cousin is wrong.

[kates43 13]

Do not leave ! Haha.

You absolutely stay in The U.S. Until you have your green card or Advanced Parole. Leaving without them will mean youve abandoned your K1.

[TabeaK 516]

Dito. And apply for AP ASAP. For a significant fraction of K1-AOSers it can take 1 year+ to get their Green Card (search for 'interview waiver letter'). You do not wanna be stuck in the US for that long without the option to visit family, go on vacation etc.

[kates43 13]

Supposedly you get issued a workers permit and AP approx 90 days after your file for AOS so you can use that to leave and re enter the U.S. Before your green card is officially issued.

That's what our lawyer is helping us with when we apply for AOS

[baron555 934]

Your cousin would be wrong regarding the K1. If you leave with out AP or your conditional GC then you will need to apply for spousal visa and basically start the process all over. When you apply for your AoS you can also apply for AP and EAD. However, do not leave the US until you have at least AP after you get married.

Once you do receive your AP, then you can leave (and then be allowed to return to the US....anyone can leave at anytime). You can travel on the AP while the remainder of the AOS is processing...my wife and son did this and had no issues (their GCs arrived while they were away and had no issues at re-entry).

[Caleb&Ashlee 0]

Thank you everyone! This is what we both originally thought. You hear so many conflicting stories. Thanks for the clarification.

[TBoneTX 43,038]

*** Thread moved from K-1 Process forum to the Working & Traveling forum -- topic involves travel after the K-1 entry. ***

[Elizabeth+Fred 35]

Hi everyone,

this may seem like a pretty straight-forward and obvious question, and I didn't have any concerns either, until just today when I was talking with my cousin. I recently entered the U.S. on my K1 Fiance(e) visa. There was no issues at the border and the border guard advised me to stay in the U.S. until I was married and had filed for adjustment of status. He said that although people do apply for an advance parole and it can work, it's very complicated and he doesn't advise it. So, the way he was talking, it sounded like I am definitely able to stay in the U.S. now, so long as I get married within the 90 days and adjust my status and follow proper procedure. And this is what both I and my Fiance thought to be the case, not having read anything to the contrary here or elsewhere.

However, this morning I talked with my cousin who has had some experience with immigration related situations, and he told me that I had better make absolutely sure that I don't have to leave the U.S. for a period of time after the 90 days and getting married, while my adjustment of status is being processed. He told me he has read of numerous situations where people on K1 visas ran into legal trouble because they got married in the 90 day period but did not leave while their AOS was being processed. Can anyone help clarify this for us? As I said, I didn't even think this was an issue. I thought I only had to leave now if I do not get married in the 90 days the K1 visa allows for. (And in fact I have read the opposite, where if you leave before status adjustment, you abandon the visa process and must start over with a spousal visa).

Any assistance is very appreciated.

~Ashlee

You can relax.

Once you get married (within the 90-day period of course) you can file for AOS. After

that, you are legally present in the U.S., even beyond that 90-day limit.

As the CBP officer stated, AP (Advance Parole) helps, but does not *guarantee* they

let you back into the U.S., as that is (again) up to the CBP officer at that time. It would

be useful when, for example, there is a family emergency and you HAVE to travel to

your home country. In that light, it's usually wise to also file for the EAD/AP card when

filing for AOS, as it's free and *could* come in handy ;-)

So, the general advice (and rule of thumb) is to stay in the U.S. until at least after having

filed for AOS (and AP), but, if possible, until you get your EAD(/AP) card or green card.

--fred