Need help....married in US on k-1 visa and spouse had to return home before filing AOS

[jpiz777 3]

He entered on July 20.

I know he was able to come visit on the VWP while we were waiting on the k1 visa so I assume that will be the same.

Does it take longer for the spousal visa than the k1 typically?

Spousal visa can take a year or so compared to K1 which is half the time.

[NewBrunswicker 19]

CR-1 should be a little longer than a K-1 visa.

[Russ&Caro 1,548]

One silver lining, the fees for CR1/IR1 are about $600 less than all the fees associated with AOS.

[Abbyerin 9]

So could he come back over on his visitors visa and us file the paperwork for AOS then? Since it has only been less than a month?

Unfortunately not. With the K1 visa you get a one time entry. After you enter your POE it renders your K1 useless. The idea is; You come on K1, get married, adjust status. In the time between getting married and AOS you have no legal status within the U.S. You're sort of in limbo. If you leave the U.S before adjusting status then you've abandoned the visa and the process starts all over again.

The idea is, you apply to adjust status and get a green card and you also apply for employment authorization (if you want to work whilst waiting for a green card because it can take up to a year) and Advanced Parole that lets you leave the country whilst waiting for the Green card. However, the Advanced Parole should only be used in emergencies as immigration officials can actually decide to not let you in on it. This is now a whole different ball game as your husband has left the country.

If your husband had to leave for an emergency then he should of gone to your local immigration office and pleaded his case. They can sometimes give authorization to travel if there is a huge family emergency back home. If he didn't leave for an emergency then unfortunately, you've got a longer wait now. You will have to file for a CR-1 visa and this takes longer than a K-1 (usually about a year as other people have mentioned). If possible, you aren't really meant to travel in between entering the U.S and getting the green card.

You husband may be able to come back on visa waiver program but as someone previously said, he may be asked a lot of questions and may be wary of letting him back in as he essentially 'abandoned' his visa/status (even though he technically had no offical status).

You may be best consulting an immigration lawyer or dig around to see if someone else has been in your shoes. I'm sorry this happened and the wait's going to be longer. It's bad enough as it is

I hope this has been helpful and given you an insight into the process. All the best and I hope it goes fast for you.

[inloveVEN 46]

hi

if you don´t want to cancel the K1 path your are running. You need marry and file the AOS. according a recent post, there is a way to find an emergency appointment to receive you AP . but this process needs time to be executed, more than a month, and if this is an emergency dont think you have enough time.

sad to say but maybe you will need to get merry here and start a new process abroad but as far as i understand there is no way to find an AP before the AOS process start. or contact a lawyer to see any other possibility

good luck

[Hypnos 6,576]

A lawyer can do nothing in this circumstance.

[Unidentified 2,930]

hi

if you don´t want to cancel the K1 path your are running. You need marry and file the AOS. according a recent post, there is a way to find an emergency appointment to receive you AP . but this process needs time to be executed, more than a month, and if this is an emergency dont think you have enough time.

sad to say but maybe you will need to get merry here and start a new process abroad but as far as i understand there is no way to find an AP before the AOS process start. or contact a lawyer to see any other possibility

good luck

Too late as spouse has already left. Nothing a lawyer can do.