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

[vscampbell 11]

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??

[geowrian 22,335]

She enters, you marry within 90 days, then file for AOS + EAD + AP as soon as you can after that. She can leave (and return) once she has AP. ETA: ~4-7 months on average.

[vscampbell 11]

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

[Chris Duffy 1,256]

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.  

[payxibka 10,044]

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

[payxibka 10,044]

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 

[vscampbell 11]

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. 

 

[payxibka 10,044]

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 January 9, 2019 by payxibka

[aaron2020 11,651]

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.  

[vscampbell 11]

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.

[aaron2020 11,651]

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.

 

[geowrian 22,335]

Reminder that it is against the VJ TOS to tell somebody not to respond, or launch personal attacks.

TOS: https://www.visajourney.com/content/terms

 

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? 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 

While you may have your reasons for doing the K-1 path - which I completely understand - it seems that you started down the path before learning the consequences that come with it or entire process. A major drawback of the K-1 process is the inability to work or travel abroad (and return) for at least several months. It sucks. It used to take < 3 months for AP. But that's the state of affairs for over the past year.

 

If working OR traveling abroad is necessary, the option of a spousal visa was available and is better suited to handle this case. There is not a way to get the benefits of a spousal visa but without the extra wait that comes with doing so.

 

2 hours ago, Chris Duffy said:

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

Yeah...that changed last year. There will be an AOS interview for K-1 holders now. The interview waiver guidelines were updated in the USCIS policy manual and the K-1 piece was removed.

Edited January 9, 2019 by geowrian

[C90 376]

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.

[carmel34 3,531]

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!

[D.Ba 85]

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...