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Chelsea Flynn

Canadian Moving to US - When Can I Visit Home After Moving

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Hi friends,

I'm sure this has already been asked but I can't find the topic here or in FAQs. We just got my NOA2 and I'm assuming my interview will be within the next few months. We're guessing / hoping I'll be moving sometime after Christmas. I am currently in Montreal, Quebec, Canada and I'll be moving to Austin, TX in the US. At what point after moving and marriage can I fly home to visit my family without it being a red flag or causing any issues?

Thanks you!

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Without doing that, what is the standard?

Leaving is not a problem. You can do that at any time. It's coming back that is the problem.

If you don't want AP, then you need to wait for a green card which takes 6-12 months.

Without AP or a green card, you would need another visa to come back to the U.S. 6-12 months for a visa.

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Without doing that, what is the standard?

After marriage, when you apply for AOS, you can also apply for Advanced Parole, as said above. It takes around 90 days to receive this. Without this, you cannot re-enter the US if you were to leave. Reason being is that the K1 is a one time entry visa. AP (advanced parole) is sufficient for you to travel with before you receive your green card.

If you marry and leave the country without your AP, you will not be allowed to re-enter the US and your spouse will then have to file an I-130 (spousal visa) for you and that is about a 1 year or more wait to receive.


Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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In other words, if you do not want to start over with a spousal visa, you are "stuck" in the United States for about 90 days AFTER you file for Adjustment of Status and request Advance Parole.

Let's say you move on January 1, get married on January 2 and send your documents mid January ... you could go back to Canada in sometimes after mid April.

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*** Thread moved from K-1 Process forum to the Working & Traveling forum -- topic involves that phase. ***


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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