Jump to content
vscampbell

How long before we can travel outside the USA and return?

43 posts in this topic

Recommended Posts

My fiance will soon have her Visa from Philippines. We have a global business and want to be able to travel together on business as soon as possible. What is the best way to do that so she can return, and how long does it take??

Share this post


Link to post
Share on other sites

From what I see here, once she is in the USA and we have applied for her AOS and other docs, she has to stay here because there is an interview? So, what I am asking is, if we are going to be overseas traveling for 6 months on business she we have to wait the full time because there is an interview. I was hoping that when we got closer to the end of the expected waiting period for the AOS that we could leave for 6 months and just have that sent to us to whatever office we are in at the time??

 

I wonder if there is some other kind of process for people that need to travel on business? This is not a situation where she needs approval to work, just re-entry. Ultimately we do what we must, but it is madness how inefficient the government is, as always. The laws were written for people traveling on sailing ships I think, not for a modern global, internet world

Share this post


Link to post
Share on other sites
14 minutes ago, vscampbell said:

From what I see here, once she is in the USA and we have applied for her AOS and other docs, she has to stay here because there is an interview? So, what I am asking is, if we are going to be overseas traveling for 6 months on business she we have to wait the full time because there is an interview. I was hoping that when we got closer to the end of the expected waiting period for the AOS that we could leave for 6 months and just have that sent to us to whatever office we are in at the time??

 

I wonder if there is some other kind of process for people that need to travel on business? This is not a situation where she needs approval to work, just re-entry. Ultimately we do what we must, but it is madness how inefficient the government is, as always. The laws were written for people traveling on sailing ships I think, not for a modern global, internet world

My wife is from Philippines we never had a interview for AOS.  

 

You could apply for AP as soon as she gets to the USA and maybe get it approved, maybe not.  

Share this post


Link to post
Share on other sites
43 minutes ago, vscampbell said:

From what I see here, once she is in the USA and we have applied for her AOS and other docs, she has to stay here because there is an interview? So, what I am asking is, if we are going to be overseas traveling for 6 months on business she we have to wait the full time because there is an interview. I was hoping that when we got closer to the end of the expected waiting period for the AOS that we could leave for 6 months and just have that sent to us to whatever office we are in at the time??

 

I wonder if there is some other kind of process for people that need to travel on business? This is not a situation where she needs approval to work, just re-entry. Ultimately we do what we must, but it is madness how inefficient the government is, as always. The laws were written for people traveling on sailing ships I think, not for a modern global, internet world

Advanced parole comes before the green card.  You don't understand the process


YMMV

Share this post


Link to post
Share on other sites
1 hour ago, Chris Duffy said:

My wife is from Philippines we never had a interview for AOS.  

 

I remember those days, how the times have changed 


YMMV

Share this post


Link to post
Share on other sites
Posted (edited)
3 minutes ago, vscampbell said:

yes you are right I don't understand the process that is why I'm asking. There is a lot of information out there and so much of it conflicts. 

 

When you apply for adjustment of status you also apply for advanced parole.   Once she gets advanced parole,  travel is allowed.   It is currently taking 5 to 6 months for advanced parole to be approved 

Edited by payxibka

YMMV

Share this post


Link to post
Share on other sites
11 minutes ago, vscampbell said:

yes you are right I don't understand the process that is why I'm asking. There is a lot of information out there and so much of it conflicts. 

 

There are no conflicts.  You are not getting it.

 

The rule is that a K-1 arriving in the US must file for AOS and receive AP in order to leave and be able to return to the US to finish AOS.  That has always been the rule.  No conflict.  

 

Your wife will have to wait for AP.  That will take 5-6 months.  There is no way around it.

 

If you wanted to avoid this awful wait for AP, then you should get marry abroad and file for a CR-1 spousal visa which would immediately allow her to leave and return to the US.  

Share this post


Link to post
Share on other sites

you know there are a lot of sucky judgmental people here. I simply said that there is a lot of INFORMATION  out there and a lot of is conflicting so I'm trying learn. And you know, it is really not helpful to hear you should have done this or you should have done that... you don't know our situation or our family considerations or our relationship path... we took the path best for us and we are trying to figure out what our best options are at this point.

 

 Payx I really appreciate your explanation thank you. I think I have an idea of what we should anticipate.

Share this post


Link to post
Share on other sites
2 hours ago, vscampbell said:

From what I see here, once she is in the USA and we have applied for her AOS and other docs, she has to stay here because there is an interview? She can leave anytime she wants.  If she leaves with AP or a green card, she will not be allowed back into the US.  She would be waiting for AP.  The interview if there is one happens much later after she gets AP.  So, what I am asking is, if we are going to be overseas traveling for 6 months on business she we have to wait the full time because there is an interview. I was hoping that when we got closer to the end of the expected waiting period for the AOS that we could leave for 6 months and just have that sent to us to whatever office we are in at the time??  AOS is done inside the US.  You can't have it sent to whatever office.  That doesn't happen.

 

I wonder if there is some other kind of process for people that need to travel on business? Marry abroad and file for a CR-1 spousal visa which grants the person a green card upon arrival.  The green card would allow that person to leave immediately. This is not a situation where she needs approval to work, just re-entry. Just re-entry requires AP.  There is no way to avoid this.  Ultimately we do what we must, but it is madness how inefficient the government is, as always. The madness is that you didn't do your research to learn the differences between a K-1 fiancee visa and it's limitations on leaving the US and re-entry.  This is not a case of the US government being inefficient.  This is a case of you not doing your research and choosing the K-1.  The laws were written for people traveling on sailing ships I think, not for a modern global, internet world  Nope.  The internet is made for research.  People should look up the laws on the internet before applying.

 

Share this post


Link to post
Share on other sites

Correct me if I'm wrong, but your question seems if it's smart to travel outside the US for 6 months before your wife has her Greencard interview right? 

First of all, wait for her AP (but I think that's mentioned already a couple of times)

If you sign up for alerts and keep an eye on her case status online, you should receive an alert when they send out a letter that her interview is planned (she might not get an interview, but there's no way to predict that) USCIS will mail a letter to your house in the US with the interview date. So once you receive that notice online, you have to come back to the US with her asap.

Some field offices have a long waiting time, some only have a 2 month waiting period. You can check your local field office online https://www.uscis.gov/about-us/find-uscis-office/field-offices

Keep in mind that once she has her AP and you guys travel outside the US for business for a long period of time, this can raise questions at her interview. Greencard is ment for immigrants that tend to live in the US. If she's going to be out of the country most of the year, every year for business, this could cause a problem (this is completely up to the officer, they might understand the situation and give out the GC) If this is a one time thing it should be fairly easy to explain.

Share this post


Link to post
Share on other sites
2 hours ago, vscampbell said:

you know there are a lot of sucky judgmental people here. I simply said that there is a lot of INFORMATION  out there and a lot of is conflicting so I'm trying learn. And you know, it is really not helpful to hear you should have done this or you should have done that... you don't know our situation or our family considerations or our relationship path... we took the path best for us and we are trying to figure out what our best options are at this point.

Here on VJ we are just trying to offer helpful advice, and encouragement, and clarification of all the confusing information out there.  Government processes are outdated and in need of reform, just look at the tax code. Immigration is no different.  Add to that the huge backlog and high number of people wanting to immigrate to the US, and it has created this mess and long wait times.  Some of the advice offered might come across the wrong way, but that comes with any public forum.  Take what you want and ignore the rest.  Your best option at this point is for your fiancee to come to the US on the K1 when it is approved, then get married in the US as soon as possible, then immediately file for AOS and AP/EAD which can take a long time, some VJ members have waited nearly a year, but most wait 5-7 months.  After that she can leave the US and re-enter with AP.  Read up on the K1 guides here on VJ, because after AOS you will have to go through ROC before the two year mark.  Legal permanent residents also have to stay in the US most of the time or get a re-entry permit before leaving for an extended period of time.  I know that time apart from the love of your life sucks, we are all going through this painful, complicated process, but it is what it is so you can only make the best of it and be positive, as hard as that can be.  In your case, I understand your frustration, because after all the waiting for the K1, living apart, you will get married and then off you go on business and you're living apart again for 6 months or however long you're away.  Maybe make frequent trips back to the US to see her every month or two?  Do whatever you can to make the pain bearable.  My husband and I have been married and living apart for nearly 7 months already while we wait for a CR1, it's painful but we do our best with frequent trips to see each other, lots of messages and emails throughout the day, a nightly video call to say goodnight, I love you and miss you.  In some ways this time apart has made our love grow and become stronger because we have had to overcome this challenge of living apart.  True love finds a way!  Good luck OP!

Share this post


Link to post
Share on other sites

If you get cited for an interview (and we did ... 3 years ago ... although a lot of people at the time didn't ... so you never know),
you can ask for a new appointment, which I did, since my husband would have been on a business trip on that day,

but 6 months seems to a very long period.

I don't think they would react friendly if you said you wanted your interview in 4 months because you are both out of the country...

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×