Need Help

[repete12747 0]

Hello everyone.

Maria is coming to USA next Tuesday, I am flying to Atlanta to meet her flight from Russia. She is still having trouble with selling her Resturant but is coming over for three weeks and will go back to finish sale at that time. I need to know what to do about applying for her aos, social security card, green card etc.

Should we file when she is here or wait till she comes back. Will she have trouble entering a 2nd time. Should we go ahead and get married while she is here or wait till she comes back. I am confused on all this.

We met online in December of 2004, I met her in person last March and we got her Visa in Moscow in December. I am very anxious to have her as my bride but I want to do things the right way to avoid problems later. I know we have 60 days from her entry date to get married. What should we do.

Thanks, Larry

[pri 0]

well if K1 would be activated at POE the day she lands at Atlanta so then you have 90 days after that to get married...& file AOS/AP/EAD

If you need to travel back you need a Advance Parole to enter into US.

[Mand 1]

She has her K1 visa correct? This is only valid for 1 trip, therefore when she arrives next Tuesday and goes through immigration, this is her 1 time use of that visa. You will have to get married within 90 days and apply for AOS/EAD and AP. If she leaves the U.S before these are approved, she will not be able to re-enter.

To leave and re-enter, she will need an approved Advance Parole, I-131.

[Linababe 0]

Hello everyone.

Maria is coming to USA next Tuesday, I am flying to Atlanta to meet her flight from Russia. She is still having trouble with selling her Resturant but is coming over for three weeks and will go back to finish sale at that time. I need to know what to do about applying for her aos, social security card, green card etc.

Should we file when she is here or wait till she comes back. Will she have trouble entering a 2nd time. Should we go ahead and get married while she is here or wait till she comes back. I am confused on all this.

We met online in December of 2004, I met her in person last March and we got her Visa in Moscow in December. I am very anxious to have her as my bride but I want to do things the right way to avoid problems later. I know we have 60 days from her entry date to get married. What should we do.

Thanks, Larry

DONT LET HER GO BACK IN 3 WEEKS!! From what I understand the k1 visa is valid for 6 months for one entry only (that is for us in the UK - I'm not sure about where your fiance is from but im sure it has sometime to be used within). Once she enters USA you have 3 months (90 days) to get married in and once married yu have to file for AOS if she has to leave again you can apply for Advance Parole which allows her to leave and get back into the USA. I believe this takes some time to be approved. I'm sure someone will mention the timescales. In my opinion I think she should wait to sell the restaurant and then come to usa providing it is within the timelimit of the validity of her visa.

Lina (UKC)

[eau_xplain 2]

Larry,

If your fiancee can only stay for 3 weeks, then there won't be enough time for her to file for AOS/EAD/AP and receive her AP. If she really has to leave after you get married, then you either apply for a K3 or CR1/IR1 so that she can re-enter. This could take months.

Wouldn't it be better to postpone her entry to the US until she has finally tied up any loose ends?

[john_and_marlene 162]

Hello everyone.

Maria is coming to USA next Tuesday, I am flying to Atlanta to meet her flight from Russia. She is still having trouble with selling her Resturant but is coming over for three weeks and will go back to finish sale at that time. I need to know what to do about applying for her aos, social security card, green card etc.

Should we file when she is here or wait till she comes back. Will she have trouble entering a 2nd time. Should we go ahead and get married while she is here or wait till she comes back. I am confused on all this.

We met online in December of 2004, I met her in person last March and we got her Visa in Moscow in December. I am very anxious to have her as my bride but I want to do things the right way to avoid problems later. I know we have 60 days from her entry date to get married. What should we do.

Thanks, Larry

She won't be able to only stay 3 weeks and get married without having to start over again with a K3/CR1. To be able to come back again, you will have to apply for AOS and Advance Parole and get the Advance Parole before leaving again. That's going to take some time--at least 2 - 3 months after you get married to get the AP if not longer.

[luv2teach77 41]

I'm assuming that you're hoping she'll be allowed to enter the US on a visitor visa for this 3 week visit ?? If she doesn't have a visitors visa when she arrives next Tuesday she'll be forced to activate her K-1 when entering through Atlanta. If that happens there is almost no chance of her being able to leave the US 3 weeks later without invalidating her K-1 and needing to start from scratch, either with a new K-1 or, if you get married during those 3 weeks, a spousal visa such as a K-3.

The K-1 is a single entry visa meaning that once it is activated you cannot use it again to enter the US. Once the K-1 is activated you have 90 days to get married, not 60 as you stated earlier. Once you are married, in addition to applying to adjust her status and requesting employment authorization, you can choose to also apply for Advance Parole (AP). AP normally take a month or two (AT LEAST) to be approved and only once an approved AP document is in her hand will she be allowed to travel outside the US without having re-entry problems when trying to come home again.

If she leaves the country before AP is granted then although she won't be stopped leaving, when she tries to re-enter the US after her trip to Russia her leaving the US will be seen as abandonment of her Adjustment Of Status and will cause her to be sent back to Russia while you apply for a spousal visa. Emergency AP is available to those where a family member is crticaly ill but those applications have to be accompanied by a doctors letter outlining the severity of the relatives condition. She will not qualify for emergency AP and consequently will have to remain in the US until a regular AP document is issued.

If she absolutely has to be in Russia to close the deal on her business my suggestion would be for her to remain in Russia until that is all done. Then she can fly to the US with her K-1 and she won't have to worry about needing to leave the US again until she is legally able to. That is by far the simplest way to deal with the situation your have outlined.

Sorry for the wordy post. I hope that the pertinent info is easily found amongst the guff !!

Mark

[Peggy 1]

If she received her visa in December then it shouldnt expire till sometime May.

If I were in your shoes, I would just let her stay till she can get her business sold.

There is no way, I dont think that you can get her AP within that three weeks stay. You have to be married first then file AOS and AP. I think AP takes two or three months to receive.

Best just to let her settle her stuff now.

Good luck

[Jasman0717 8]

Does she have another valid entry visa such as a tourist visa? She doesn't have to execute the fiancee visa and can come for a visit if she has another type of valid entry visa. If she does not have any other visa you must keep in mind that a K-1 visa is a single entry visa so if she executes it and then returns to her country prior to AOS or an approved AP you will have to start the process all over again. Good luck