So here's my very high level plan

[StuBro74 6]

Hi all, I hope you can sanity check my plan. If my K1 visa is awarded and I land in New York to get married, once we are married and I apply for an adjustment of status i.e. apply for an employment authorisation can I leave to go back to work in Europe until it is approved? We wont be taking 90 days we'll be getting married within a few days of me landing on the visa! My questions are:

 

Can I leave to return to work

What do I use when returning to the USA, I assume that the ESTA is null and void at this point

Does the advanced parole still apply after marriage

Is it Vermont that processes applications from New York

 

My fiancée is pregnant and I plan to come back every couple of weeks. tried it last week and whilst not ideal it works, no time to get accustomed to the time zone so no jet lag going into the office!

 

Obviously earning and being able to return to the USA is the best situation. Being in the US without an income for 3 months (?) isn't going to be good for us.

 

Thanks all!

[Roel 7,192]

9 minutes ago, StuBro74 said:

Hi all, I hope you can sanity check my plan. If my K1 visa is awarded and I land in New York to get married, once we are married and I apply for an adjustment of status i.e. apply for an employment authorisation can I leave to go back to work in Europe until it is approved? We wont be taking 90 days we'll be getting married within a few days of me landing on the visa! My questions are:

Of course you can leave.

You will NOT be able to come back to the US though.

 

 

Quote

 

Can I leave to return to work

 

Yes you can. But you won't be able to return back to the US.

 

Quote

What do I use when returning to the USA, I assume that the ESTA is null and void at this point

You use Advance Parole/Work Permit combo card. That you need to receive BEFORE YOU LEAVE US. If you leave before you get that, you will NOT be able to come back to the US.

 

Quote

Obviously earning and being able to return to the USA is the best situation. Being in the US without an income for 3 months (?) isn't going to be good for us.

 

Then you should not have apply for K1 visa at all.  And 3 months is very optimistic. Some people are waiting for 6 months for their work/travel permits. K1 rules are very clear, if you knew the work will be an issue, you should have apply for the spouse visa instead.

 

 

basically this is how it has to look like:

You arrive on K1 visa. You get married.

You apply for AOS and include Work/Travel applications.

You WAIT in the US.

Once you receive your travel/work permit, you can travel and/or legally work in the US.

/Once you receive a green card you can also travel/work but you cannot be outside of the US for more than a year.

 

Current timeline for green card is about 12 to 14 months.

Wait timeline for Work/Travel permit is about 3 to 6 months.

 

If you leave US without AP, your AOS will be considered abandoned and denied. And in order to come back to the US, you will need to apply for spouse visa and wait about a year for it.

 

So yeah, it's a pretty bad plan.

Edited June 24, 2018 by Roel

[Unlockable 7,315]

Hi,

 

You will have to do some more research. Your plan will not work. First, once your K1 is approved and your enter the US, you ESTA/VWP is gone. You can't go use them anymore. That is the whole point of applying for the green card.

 

Second, after your marriage, you will be adjusting your status to a permanent resident. You are suppose to remain in the US as a resident.

 

Third, your timing is way off. In order for you to get the proper documents for to travel back and forth while your AOS is pending, it will take 3 - 6 months. The green card can take up to a year to receive.

 

If you want to continue working inyour home country like you plan then the K1 is not for you. You can come to the US on your ESTA now and get married, then return to your country and file for a spousal visa.

[Starkilla09 366]

Your plan as mentioned above isn’t the best timing wise. If finances are an issue it will be better for you to visit on ESTA, get married, apply for a spousal visa, leave and wait for it to be processed while working in Europe. You can still always visit while it’s being processed. It should take around 12-14 months to finish. Bonus points you get to enter as a permanent resident eligible to start working in day 1.

[StuBro74 6]

I had ruled out the parole option because of the timings. Takes around 90 days to process and you have 90 days to get married. My interpretation was wrong though that I thought that remaining in the US only applied to the 90 days and not the AOS. The spouse visa didn't appeal as the timings seemed a lot longer and I don't want to be away from my wife and child for that length of time. I guess I just need to have enough cash for 6 months whilst the AOS is being processed.

[StuBro74 6]

4 minutes ago, Starkilla09 said:

Your plan as mentioned above isn’t the best timing wise. If finances are an issue it will be better for you to visit on ESTA, get married, apply for a spousal visa, leave and wait for it to be processed while working in Europe. You can still always visit while it’s being processed. It should take around 12-14 months to finish. Bonus points you get to enter as a permanent resident eligible to start working in day 1.

It does make sense but I don't want to be away from my wife and child for that length of time. Thanks

[Roel 7,192]

2 minutes ago, StuBro74 said:

I had ruled out the parole option because of the timings. Takes around 90 days to process and you have 90 days to get married. My interpretation was wrong though that I thought that remaining in the US only applied to the 90 days and not the AOS. The spouse visa didn't appeal as the timings seemed a lot longer and I don't want to be away from my wife and child for that length of time. I guess I just need to have enough cash for 6 months whilst the AOS is being processed.

Well, yeah. Then the only option is wait.

6 months is just for AP/EAD. Whole AOS will take over a year.

[StuBro74 6]

1 hour ago, Roel said:

Of course you can leave.

You will NOT be able to come back to the US though.

 

 

 

Yes you can. But you won't be able to return back to the US.

 

You use Advance Parole/Work Permit combo card. That you need to receive BEFORE YOU LEAVE US. If you leave before you get that, you will NOT be able to come back to the US.

 

Then you should not have apply for K1 visa at all.  And 3 months is very optimistic. Some people are waiting for 6 months for their work/travel permits. K1 rules are very clear, if you knew the work will be an issue, you should have apply for the spouse visa instead.

 

 

basically this is how it has to look like:

You arrive on K1 visa. You get married.

You apply for AOS and include Work/Travel applications.

You WAIT in the US.

Once you receive your travel/work permit, you can travel and/or legally work in the US.

/Once you receive a green card you can also travel/work but you cannot be outside of the US for more than a year.

 

Current timeline for green card is about 12 to 14 months.

Wait timeline for Work/Travel permit is about 3 to 6 months.

 

If you leave US without AP, your AOS will be considered abandoned and denied. And in order to come back to the US, you will need to apply for spouse visa and wait about a year for it.

 

So yeah, it's a pretty bad plan.

 

1 hour ago, Roel said:

Well, yeah. Then the only option is wait.

6 months is just for AP/EAD. Whole AOS will take over a year.

Yes the most important thing is the work authorisation, no so concerned about the full green card. Thanks

[turkishdelight 185]

Not to mention that leaving your new spouse will not look well in your interview...

[TNJ17 1,329]

I fail to see how this is a high level plan when a simple basic research of a K1 will produce results showing you are not allowed to leave the US while AOS is pending. 

[StuBro74 6]

13 minutes ago, turkishdelight said:

Not to mention that leaving your new spouse will not look well in your interview...

that is a very good point

[StuBro74 6]

5 minutes ago, TNJ17 said:

I fail to see how this is a high level plan when a simple basic research of a K1 will produce results showing you are not allowed to leave the US while AOS is pending. 

I'm certain you don't know what a high level plan is. Surely forums exist for personal and current information. Any search on K1 visa does not return simple answers

[mushroomspore 3,044]

1 hour ago, StuBro74 said:

I'm certain you don't know what a high level plan is. Surely forums exist for personal and current information. Any search on K1 visa does not return simple answers

At the bottom of this official USCIS.gov page, it clearly states leaving the US without I-131 (Advanced Parole) while your I-485 is pending will cause your application to be considered abandoned. There is also a search bar on this site that would have brought up many threads with the same question and the same answer would have come up.

Edited June 24, 2018 by mushroomspore

[Boiler 45,670]

10 hours ago, StuBro74 said:

It does make sense but I don't want to be away from my wife and child for that length of time. Thanks

Wife?

[StuBro74 6]

3 minutes ago, mushroomspore said:

At the bottom of this official USCIS.gov page, it clearly states leaving the US without I-131 (Advanced Parole) while your I-485 is pending will cause your application to be considered abandoned. There is also a search bar on this site that would have brought up many threads with the same question and the same answer would have come up.

Ok I 

 

3 minutes ago, Boiler said:

Wife?

future tense