Traveling outside US after K-1 entry

[Globetrekker123 0]

Once you get a K-1 visa, come to the US, get married, and file for adjustment of status within the first 90 days, are you allowed to travel outside the US for the purpose of something like a honeymoon?  Or do you need to wait till you actually get your Greencard to travel internationally? 

Will there be any problems when re-entering the US after such a trip?

 

[Crazy Cat 41,976]

Yes, there will be problems.  If you leave the US prior to receiving approved advance parole via the I-131, you will abandon your adjustment of status.  Currently, that timeframe for approval is 6-8 months, it seems.  Likewise, you cannot work inside the US for 6-8 months.  If traveling immediately or working immediately is a priority, then the CR-1 is a better choice.

 

Additional EDIT:  The K-1 is a one-time entry visa.  Once you enter via a K-1, it is voided.

Edited January 24, 2021 by Lucky Cat

[Crazy Cat 41,976]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
   

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765, I-944) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[igoyougoduke 1,660]

59 minutes ago, Globetrekker123 said:

Once you get a K-1 visa, come to the US, get married, and file for adjustment of status within the first 90 days, are you allowed to travel outside the US for the purpose of something like a honeymoon?  Or do you need to wait till you actually get your Greencard to travel internationally? 

Will there be any problems when re-entering the US after such a trip?

 

No you cannot travel until Advance Parole or green card is approved. 

[JFH 12,190]

The K-1 is, for most situations, a poor choice. In particular for those who wish to have the freedom to travel internationally at their leisure (COVID aside). As others have mentioned, the K-1 is a one-use visa. Once you arrive with it, it’s done. You are then in a period of authorized stay of 90 days. Your status during those 90 days is akin to a tourist. You cannot work. In many states you cannot apply for a driver’s license. You are not considered a resident of the USA. Once you marry and file for adjustment of status your period of authorized stay (still pretty much in tourist status) is extended until such time as a decision on your application is made. If approved, you are then a resident only from the date of approval, not from your date of arrival or marriage. You can apply for advance parole during the AOS process that will allow you to travel in and out of the country at your leisure but this takes around 6-9 months to be processed and approved. All told, expect to be confined to the borders of the USA for about a year when you arrive.
 

If traveling for any reason - honeymoon, visiting sick or elderly family members at home, homesickness, or vacationing - is important to you then the K-1 is a poor choice. But this is not the only reason the K-1 is often a poor choice. 

Edited January 24, 2021 by JFH

[Sarah&Facundo 595]

You can travel outside the US, but you will not be allowed to re-enter the US. The K1 is a one-time use visa. You need wait for your Advanced Parole travel permit if you filed for one or for your green card.

[HRQX 4,145]

1 hour ago, Globetrekker123 said:

are you allowed to travel outside the US for the purpose of something like a honeymoon?

You can leave the US before receiving either Advance Parole or Green Card but you cannot return. See 8 CFR § 245.2(a)(4)(ii)(A). In order to return, you'll have to first go through the whole IR-1/CR-1 visa process (petitioner files I-130, NVC step, interview at consular post, etc.); this process may take more than a year to complete.

[Lucky2Lucky 2,526]

As others stated you need AP or a green card to enter the US if you decide to leave. Honeymoon needs to be in the US or delayed. You really can’t plan anything with a k1 which is one of the downsides (if traveling and working are priorities then a k1 should never be an option IMO) I also wanted to share it took our cousin 12 months from point of entry to when she received AP approval due to covid- no RFE’s. Others quoted it could be 6-8 months and I’m letting you know it could be much longer.

[Globetrekker123 0]

Thank you all for your answers! 

[Pinkrlion 2,724]

Even with AP, with the current COVID-19 Travel Bans you will not be able to leave the country.  CBP will revoke your AP and send you back to your home country.  Just wait until you receive GC.  

[aaron2020 11,651]

31 minutes ago, Pinkrlion said:

Even with AP, with the current COVID-19 Travel Bans you will not be able to leave the country.  CBP will revoke your AP and send you back to your home country.  Just wait until you receive GC.  

What are you talking about?  You've posted complete rubbish.  

 

Why couldn't she leave the US with AP?

 

When has CBP been able to revoke AP?

[Gomast 65]

43 minutes ago, aaron2020 said:

What are you talking about?  You've posted complete rubbish.  

 

Why couldn't she leave the US with AP?

 

When has CBP been able to revoke AP?

Are you sure that it's rubbish? I thought about using my AP to visit my home country for a couple of weeks and I'm concerned that CBP won't let me back in. Is there ANY risk exiting the US with AP?

[HRQX 4,145]

12 minutes ago, Gomast said:

Is there ANY risk exiting the US with AP?

The risk isn't exactly 0% but it's still very low risk.

12 minutes ago, Gomast said:

Are you sure that it's rubbish?

The rubbish part was the trying to claim that OP cannot re-enter* with AP because of the COVID proclamations. Even if OP is in one of the affected countries, after the US marriage OP would be exempt to all COVID proclamations as a spouse of US citizen.

 

*The post in question obviously meant to say "re-enter" instead of "leave." There are no exit CBP checkpoints at international departure terminals, so leaving the US is essentially always possible.

Edited January 25, 2021 by HRQX

[aaron2020 11,651]

13 minutes ago, Gomast said:

Are you sure that it's rubbish? I thought about using my AP to visit my home country for a couple of weeks and I'm concerned that CBP won't let me back in. Is there ANY risk exiting the US with AP?

The US government doesn't care if you leave the US.  Without AP, you automatically abandon your AOS.  With AP, you can return to continue your AOS as long as you don't do anything that makes you inadmissible.  For example, you commit a crime that makes you inadmissible while out of the US on AP.

If there are travel restrictions, then you must abide by them in order to enter the US.  As the spouse of a USC, an exception exists for you to return to the US.  

Edited January 25, 2021 by aaron2020

[retheem 566]

19 minutes ago, aaron2020 said:

The US government doesn't care if you leave the US.  Without AP, you automatically abandon your AOS.  With AP, you can return to continue your AOS as long as you don't do anything that makes you inadmissible.  For example, you commit a crime that makes you inadmissible while out of the US on AP.

If there are travel restrictions, then you must abide by them in order to enter the US.  As the spouse of a USC, an exception exists for you to return to the US.  

While one can travel with AP, the fact that one has AP means he/she has, technically speaking,  no status. Basically, no leverage as compared to a GC holder. If at POE one gets a CBP officer who does not reason in shades of gray, then it could be trouble.