want to take my wife on a cruise! But.......

[geowrian 22,335]

2 hours ago, Going through said:

There are separate issues she may face attempting to reenter if the AOS has NOT been filed as of yet...because there'd be (I presume) no legal basis for reentry at that point, anyhow, since the K1 was already used beforehand.

 

@geowrian ?  Thoughts/correction on the last statement?

In general...

If AOS is not yet filed AND one did not marry yet AND they are still within the original 90 days...then it is possible to get a new K-1 visa issued with the original 90 day period. If already married, then this is no longer possible.

Revalidation of the existing I-94 is technically possible (Edit: #######! The line I had in here about where this applies was deleted by accident - pay special note to the countries where this applies: Canada + Mexico) . https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html

 

Barring those quite rare exceptions, there would be no legal basis to re-enter, unless a new visa is obtained.

Edited January 8, 2020 by geowrian

[Noname93 173]

The cruise my husband and I went on last summer wouldn't even let me board the cruise ship until they saw my green card. So nevermind being allowed back in the country, they probably wouldn't let her on the cruise in the first place (In my experience at least)

[LilyJ 1,258]

Don’t risk it. Take a vacation to Hawaii or something instead or wait until she has AP or her green card before going on a cruise. Otherwise she will be abandoning AOS and you will have to start all over with CR1, waiting another 1+ year for her to be able to live in the US again

[HRQX 4,145]

8 hours ago, geowrian said:

Mostly depends if it's an open or closed circuit cruise.

Both open loop and closed loop stop at a foreign port: https://help.cbp.gov/s/article/Article-74?language=en_US "If you are not a U.S. citizen or a U.S. LPR, you will need a passport and/or the appropriate documentation based on the status you are seeking in the U.S. for any type of cruise, closed loop or not." Where AP isn't needed is on the passenger ferry direct route between Fajardo, Puerto Rico and Charlotte Amalie, US Virgin Islands: https://www.uscis.gov/archive/blog/2014/05/five-questions-about-advance-parole_9 "advance parole would not be needed if you travel directly between parts of the United States, which includes Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands (CNMI), without entering a foreign port or place."

[Loren Y 2,732]

3 hours ago, payxibka said:

Closed circuit only works for citizens and residents not for a k1

This is exactly right. I leave on a cruise with my wife on Monday the 13th, like 5 days from now out of Long Beach CA. It's a Mexican cruise, and she needed to upload AP card and everything even to print the boarding pass. I am a platinum member with carnival and am very familiar with the cruise policies. Out of Florida it is true it is a closed circuit cruise due to the Western hemisphere agreement I believe it is called, but you still leave the US, and you still have to go thru CBP when you return from the cruise, so you have to be paroled in like any other POE. Without an ap card I doubt they will let you board the ship. First cruise we took with carnival Cruise they almost didn't let her on because they were not familiar with the EAD AP card. They had an officer from CBP come over to say she was able to re-enter the US with that card, so I would not risk it. They are just like the airlines when it comes to international travel.

Edited January 8, 2020 by Loren Y

[JFH 12,189]

*~*~*moved from “K-1 fiancé visa process and procedures” to “working and traveling”*~*~*

[igoyougoduke 1,605]

9 hours ago, Dave/Dona said:

My wife and I got married last month, she's here on the K-1 visa. My question can we go on a cruise (Caribbean)? will they let her back in the country? any help would be appreciated, thanks, Dave & Dona!

 

may i sugges Hawaii , part of US 

[O&GForever 387]

I would highly advise against it. There was a news story here in Utah of a couple who went on a cruise for their honeymoon. They were going through the adjustment of status process and she didn't have AP yet. She ended up being deported to her home country and they had to start the process all over again. 

[Unlockable 7,306]

Even better example of how important it is to have ALL proper documentation before traveling abroad including a cruise....

 

[Dave/Dona 0]

I guess we'll just go to Florida, thanks everyone for the input