Help?!!? K1 Question

[Jo Së 200]

Well excuse me for being 21 and not knowing what's going on. I don't have time to sit around on this forum all day because I have 18 credits of college work to finish every day. People make mistakes. If I knew what I was doing, I wouldn't be here.

I know you are not getting the responses you were hoping for, but that's the reality. You came here for answers and asnwers you got. I hope everything works out.

[lost_at_sea 995]

He is picking up his visa in a few days. And the problem is he has an obligation in October in Mexico I'm trying to see if he can get out of. Also his sister's wedding is in Mexico December 5th, so that's cutting it close. He would die before he missed that.

He's not gonna make the 5th December with your current plans as they are. Whatever his obligation is, he'll need to decide if it's more important than his sister's wedding.

[laurainr 2]

So he has to be here in person to get his advance parole card right?

[ChicagoSarah 127]

You have to be legally married and have submitted AOS and AP documents in the US, then wait 60-90 days from form acceptance.

Edited August 30, 2015 by ChicagoSarah

[laurainr 2]

I understand but let's say he comes here next week and marries me and then goes home for a while. Can I continue his paperwork and he gets that parole card while he's in mexico?

[belinda63 2,981]

You should really read the guides for the next step...filing for AOS. It will explain what needs to happen next. He will come to the US, marry you, he files his AOS (adjustment of status package) and waits. After about 60-90 days he will receive his EAD/AP card provided he applied for them and there are no serious RFEs. Once he has that card he can leave the US and re-enter. If he leaves prior to receiving it he will need a visa to re-enter the US.

If he has obligations in Mexico then the only alternative is to wait until after those obligations are met to enter the US. This means you can have a religious wedding but it cannot in any way be a legal wedding. If it even smells like a legal wedding his K-1 visa could be cancelled.

[lost_at_sea 995]

I understand but let's say he comes here next week and marries me and then goes home for a while. Can I continue his paperwork and he gets that parole card while he's in mexico?

No.

[Jo Së 200]

So he has to be here in person to get his advance parole card right?

He has to have AP document in hand when reentering the US, he doesn't have to be there to receive it, it gets delivered by regular mail.

[lost_at_sea 995]

He has to have AP document in hand when reentering the US, he doesn't have to be there to receive it, it gets delivered by regular mail.

Won't he have to be there for biometrics, though?

Just checked, this is not possible. Still a no to OP.

Edited August 30, 2015 by lost_at_sea

[belinda63 2,981]

Easy Jose, if he leaves prior to the AP card being issued it won't work.

[laurainr 2]

Ok.. I see. So he could come next week to marry me legally in the courthouse. And then we would file for AOS. And then he can go back to Mexico for his obligations. And then when his AOS card comes I take it to him in December when I go for our religious ceremony.

Will this work? I'm sorry that this is so confusing to me. I'm just trying to do what's best for us. :'(

This is why I'm contacting the attorney. I need facts and quick

[Unshakable Faith 493]

I understand but let's say he comes here next week and marries me and then goes home for a while. Can I continue his paperwork and he gets that parole card while he's in mexico?

The K1 visa is a one time entry visa. He can only enter the one time and then he no longer has a visa. You will need to marry, and then file AOS along with your AP and EAD (as others have said). IF he leaves before he receives AP, you will then have to file a spousal visa for him to re-enter, as he will not longer have a visa if he leaves without AP. The spousal visa can take 12-14 months. He would have to remain outside of the US until the spousal visa is granted.

To my knowledge, you cannot file AP for him while he is out of the country. Unfortunately, it is not that easy.

Edited August 30, 2015 by FN&KO

[PeruvyandGringa 25]

I understand but let's say he comes here next week and marries me and then goes home for a while. Can I continue his paperwork and he gets that parole card while he's in mexico?

No, that's the whole point of the AP document, it provides the ability to travel. Honestly, using being 21 and not having time. None of us have time, I was working 80-85 hours a week to help pay for this entire process plus life in general plus visits to Spain, but I did countless hours of research before dropping thousands to apply (and it took many many months before we actually applied due to the lack of time/wanting to feel completely prepared before we applied so as to not waste any money with mistakes!).

[belinda63 2,981]

NO If he leave prior to receiving his AP he will have abandoned his AOS and you will have to start all over with the spousal visa.

Edited August 30, 2015 by belinda63

[lost_at_sea 995]

+1 Belinda

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

See section 3, part d.

If you depart from the United States before the Advance Parole Document is issued, your application will be considered abandoned.

Edited August 30, 2015 by lost_at_sea