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

[Chelsea Flynn 0]

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!

[aaron2020 11,651]

Hi,

You can travel and return to the U.S. when you get Advance Parole (AP).

Once you are married, you can file for AP with your AOS. It will take about 90 days to get AP after you apply.

Best of luck

[Chelsea Flynn 0]

Hi,

You can travel and return to the U.S. when you get Advance Parole (AP).

Once you are married, you can file for AP with your AOS. It will take about 90 days to get AP after you apply.

Best of luck

Without doing that, what is the standard?

[aaron2020 11,651]

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.

[Unshakable Faith 493]

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.

[Lemonslice 4,549]

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.

[TBoneTX 43,017]

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

[mmorgan14 3]

Is the AP good for multiple travels back in to the US? Or is this something that one needs to apply for each time they plan on traveling outside of the US?