Visiting After K-1 is approved but before adjustment

[Kathleen0220 0]

Hi,

My fiance is Canadian and I am American. We have recently been approved for our K1 but have not received information for interviews yet.

Our concern is:

He works for the Canadian government and is able to continue working there even afree maintaining residency in America. We want to understand that after he moves here and the 90 days starts... can he continue to drive over into Canada to work and then back to the US? And that after we marry and are awaiting the advanced parole / adjustment that he would he able to travel for work and back here as well?

Thank you!

[belinda63 3,053]

Once he enters on the K-1 the visa becomes void, it is a one-use only visa. He won't be able to leave the US and return without AP (advance parole) which takes about 90 days after filing for AOS. If he is concerned about being able to travel freely, marry and file for the CR-1.

[Kathleen0220 0]

I've seen where people have been allowed to travel before the adjustment.. is that just not common and up to the agent to allow it or not?

[KayDeeCee 4,900]

I've seen where people have been allowed to travel before the adjustment.. is that just not common and up to the agent to allow it or not?

Allowed to travel before AOS? Sure. Anyone is allowed to enter with the K-1 and then travel again anywhere they like. However, if they leave the US without filing for AOS and having AP or their green card first, then they abandon their eligibility to file for AOS. They would then need to start again and file for a spousal visa if they decide they wish to enter the US again to live permanently.

If you are not ready to stay and live in the US permanently, then do not use the K-1 to enter. It is a one time entry visa.

[baron555 934]

Hi,

My fiance is Canadian and I am American. We have recently been approved for our K1 but have not received information for interviews yet.

Our concern is:

He works for the Canadian government and is able to continue working there even afree maintaining residency in America. We want to understand that after he moves here and the 90 days starts... can he continue to drive over into Canada to work and then back to the US?

No, not until he has his AP or GC in hand.

And that after we marry and are awaiting the advanced parole / adjustment that he would he able to travel for work and back here as well?

Nope, won't be allowed back into the US without the AP or GC.

[Anh map 2,098]

K1 is not the visa for your situation. The CR1 spouse visa would be best as it results in a green card upon entry. Not adjustment of status or advance parole needed.

[Kathleen0220 0]

So, this is starting over with CR1?

...

[chiggins82 88]

That was my understanding. Once you use the K-1, you have to stay in the country until you have permission to travel abroad (AP or residency). If you leave and you do not have AP or a green card, they consider your AOS application abandoned. If you leave after using the K-1, but before you do AOS, it would be the same thing. He could only come back as a visitor, not a K-1 .

We were able to get it pretty quickly, but I think the timelines are pretty good with expecting 3 months wait after you file for it. In order to file, you need to be legally married first.

Maybe your fiance should have a talk with his work? Maybe they would be OK with him telecommuting for 3+ months while the paper work goes through? Or would allow a leave of absence?

Otherwise, yeah I think the only other options are that he quits the Canadian job and continues with the K-1, or he does not use the K-1, you two marry and file for CR-1

[NikLR 13,234]

Hi,

My fiance is Canadian and I am American. We have recently been approved for our K1 but have not received information for interviews yet.

Our concern is:

He works for the Canadian government and is able to continue working there even afree maintaining residency in America. We want to understand that after he moves here and the 90 days starts... can he continue to drive over into Canada to work and then back to the US? And that after we marry and are awaiting the advanced parole / adjustment that he would he able to travel for work and back here as well?

Thank you!

No he will not be able to go back and forth. The K1 is a one time use visa. After he activates it, you have 90 days to marry. After marriage you must adjust his status, applying for the EAD and AP (employment authorization and advance parole) in which to work and travel outside the USA. It takes about 90 days for the EAD and AP to come in. (It can take more or less time than this however, that's a general guideline.)

If he wanted to continue working, marrying first and chasing the CR1 visa would be your best bet. Yes that means starting over with a different petition and getting married first, but you guys have to decide what is the best route for you.

BTW your K1 was not approved, the I-129F petition was approved. Have you sent the packet 3? Have you filled out the DS-160 yet?

Thank you!