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swhang

Traveling outside the U.S. after entering with K-1 Visa

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Hi all,

 

I recently received the NOA2 (4.5 months from initial submission) a lot faster than originally thought and therefore, making us adjust our plans. 

 

After entering the U.S. on an approval K-1, are there are travel restrictions to go outside the U.S.?

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Posted (edited)

If you leave the US without AP or a green card, you will be deemed to have abandoned the immigration process.

 

Currently, it takes about 5-6 months to get AP after filing for AOS based on marriage to a US citizen. 

 

In addition, you can not legally work until you get your EADEAD comes on the same card as AP, so it's 5-6 months of waiting after filing for AOS.

 

Edited by aaron2020

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The restrictions are about coming in, you will not be stopped leaving.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 minute ago, swhang said:

Hmm... the first response and the second response are conflicting. One says you can't until AP / Green card and the other says no restrictions. Argh... confused. 

He is talking about what happens if you leave, nowhere does he say you can not.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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No one will stop you from leaving the US at any point. However, if you leave before you have received your AP card, you will not be let back in, because they'll consider your adjustment of status to LPR as abandoned. Not conflicting, just this: no restrictions leaving; big restriction in coming back after leaving if no AP.


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. I-765/I-131 Renewal Sent: 4/2/2019. NOA1/Received Date: 4/3/2019.

GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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Posted (edited)

You can easily delay your visa interview if you do not want to have it too soon.

Edit: To answer your question, you can always leave, but if you leave without AP or a GC you have to start over with a new visa process.

Edited by ThomasNC1988

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K1 is a single entry visa. No restrictions on leaving US but implications while returning back like...

1. Leave US before marriage: K1 visa and approved fiance petition no longer usable. Need to start new petition to enter US.

2. Leave US after marriage before filing AOS: Need to petition for CR1 to enter US

3. Leave US after marriage and after filing for AOS but before AP approval: AOS is considered abandoned, so CR1 to enter US.

4. Leave US with AP: can enter US


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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3 hours ago, swhang said:

Hmm... the first response and the second response are conflicting. One says you can't until AP / Green card and the other says no restrictions. Argh... confused. 

They don't care if you leave after entering on K1, coming back is the problem. They'll deny you entry and you have to start I-130 (spousal visa) at that point. That's what @Boiler ment lol.

 

Please educate yourself on the process after entering on K1. One mistake (like leaving without AP or marrying outside the 90 days) could cost you your AOS and a lot of money. Read the guides here on VJ and the instructions on the USCIS website.

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~~Moved to Working and Traveling, from K1 P&P - The OP is asking about Traveling after entry on a K1~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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