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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


Our Journey

1st communication: February 26th 2014

1st visit: (Canada) July 9th - 17th 2014

2nd visit: (Canada) August 15th - 19th 2014

3rd visit: (United States) September 27th - November 10th 2014

ENGAGED!!!! November 3rd 2014

4th visit: (Canada) December 22nd 2014 - January 2nd 2015

(Our first Christmas & New Years together!)

5th visit: (Canada) February 25th 2015 - March 3rd 2015

Visa Process

Sent I-129F: January 17th 2015

NOA1: (CSC) January 22nd 2015

NOA2: February 4th 2015

NVC: February 24th 2015

Consulate: (Vancouver) March 4th 2015

*Documents sent from Vancouver Consulate to Montreal Consulate : March 5th 2015

Consulate: (Montreal) March 18th 2015

Packet #3: March 18th 2015

Packet #3 Sent: March 30th 2015

Packet #4 Received: April 9th 2015

Medical: May 20th 2015

Interview: May 27th 2015

APPROVED!!! :D

Visa Issued: June 9th 2015

Visa Received: June 16th 2015

Entered United States: June 28th 2015

Home: July 1st 2015

MARRIED!!! (September 5th 2015)

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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 by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

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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.

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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. :)


Our Journey

1st communication: February 26th 2014

1st visit: (Canada) July 9th - 17th 2014

2nd visit: (Canada) August 15th - 19th 2014

3rd visit: (United States) September 27th - November 10th 2014

ENGAGED!!!! November 3rd 2014

4th visit: (Canada) December 22nd 2014 - January 2nd 2015

(Our first Christmas & New Years together!)

5th visit: (Canada) February 25th 2015 - March 3rd 2015

Visa Process

Sent I-129F: January 17th 2015

NOA1: (CSC) January 22nd 2015

NOA2: February 4th 2015

NVC: February 24th 2015

Consulate: (Vancouver) March 4th 2015

*Documents sent from Vancouver Consulate to Montreal Consulate : March 5th 2015

Consulate: (Montreal) March 18th 2015

Packet #3: March 18th 2015

Packet #3 Sent: March 30th 2015

Packet #4 Received: April 9th 2015

Medical: May 20th 2015

Interview: May 27th 2015

APPROVED!!! :D

Visa Issued: June 9th 2015

Visa Received: June 16th 2015

Entered United States: June 28th 2015

Home: July 1st 2015

MARRIED!!! (September 5th 2015)

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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.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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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.


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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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 :)

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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).


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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


Our Journey

1st communication: February 26th 2014

1st visit: (Canada) July 9th - 17th 2014

2nd visit: (Canada) August 15th - 19th 2014

3rd visit: (United States) September 27th - November 10th 2014

ENGAGED!!!! November 3rd 2014

4th visit: (Canada) December 22nd 2014 - January 2nd 2015

(Our first Christmas & New Years together!)

5th visit: (Canada) February 25th 2015 - March 3rd 2015

Visa Process

Sent I-129F: January 17th 2015

NOA1: (CSC) January 22nd 2015

NOA2: February 4th 2015

NVC: February 24th 2015

Consulate: (Vancouver) March 4th 2015

*Documents sent from Vancouver Consulate to Montreal Consulate : March 5th 2015

Consulate: (Montreal) March 18th 2015

Packet #3: March 18th 2015

Packet #3 Sent: March 30th 2015

Packet #4 Received: April 9th 2015

Medical: May 20th 2015

Interview: May 27th 2015

APPROVED!!! :D

Visa Issued: June 9th 2015

Visa Received: June 16th 2015

Entered United States: June 28th 2015

Home: July 1st 2015

MARRIED!!! (September 5th 2015)

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


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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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


SEP-1994 First met! 12-16-14 POE PHILADELPHIA

05-25-14 Engaged (what took us so looooong!!!?) 12-19-14 MARRIAGE (SIMPLE)

06-19-14 I-129F packet sent to Lewisville Lockbox (USPS overnight) 01-05-15 I-485 (AOS/EAD/AP) package mailed out

06-20-14 USPS messed up, and had to re-route! 01-12-15 NOA text/email received for AOS/EAD/AP

06-23-14 I-129F packet received at Lockbox 02-03-15 Biometrics (Indianapolis)

06-23-14 NOA1 Notice Date (routed to CSC, yay!) 04-07-15 EAD and AP approved, card ordered

06-25-14 NOA1 text/email received 04-14-15 EAD/AP Combo Card received by certified mail.

06-26-14 Check Cashed 06-15-15 Received letter about interview waiver. 6mo to go!

06-27-14 Alien Registration Number changed 08-06-15 Welcome Notice mailed, permanent status registered.

06-30-14 NOA1 hardcopy received 08-14-15 Green Card mailed to me.

09-24-14 NOA2 text/email received *APPROVED* 08-18-15 Green Card (which is green!) in hand!!

09-28-14 NOA2 hardcopy received

10-15-14 NVC received 05-17-17 Time to start ROC !

10-16-14 NVC case number assigned

10-21-14 NVC left (to Amsterdam Consulate)

10-23-14 Consulate Received

10-25-14 PACKET-3 Received (regular mail)

10-25-14 Online DS-160 submitted **** I am the Beneficiary (Fred) ****

10-27-14 Sent reply to Consulate (arrives 10-28)

10-29-14 Touched *** If you have questions about the K-1 journey coming

11-01-14 PACKET-4 Received (regular mail) *** from The Netherlands, send me a message !

11-26-14 MEDICAL *PASSED*

12-04-14 INTERVIEW *APPROVED*

12-06-14 Touched (Administrative Processing)

12-08-14 Touched (Ready)

12-09-14 Touched (Issued)

12-10-14 Received email that package was sent off

12-11-14 VISA IN HAND

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