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Can my Fiancee leave during the Adjustment of Status Process? Or does it become void?

By kbsdk in Working & Traveling During US Immigration

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kbsdk Newbie

kbsdk   0

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Hey All!

 

We just got our NOA2 approval (woo!). I do have a question about later on steps. My fiancee is unable to stay in the country after our 90 days (ailing relative that needs care in home country), is it still possible to file for Adjustment of Status and have her wait in her home country rather than in the US? Otherwise would we just have to file for the marriage green card? I ask because the processing times are so much shorter with the former. Hopefully this isn't too dumb of a question.

Thank you!

 

 

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Daphne . Proficient

Daphne .   1,684

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Filed: Lift. Cond. (apr) Country: Netherlands
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Yikes, maybe the K1 wasn’t the best option in her situation.. She can’t leave the US during the adjustment of status process until she has authorization (approved I-131 or I-485). If she leaves without it, you’ll have to start from scratch with a spousal visa. 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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Crazy Cat Grand Master

Crazy Cat   39,337

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
12 minutes ago, kbsdk said:

My fiancee is unable to stay in the country after our 90 days (ailing relative that needs care in home country), is it still possible to file for Adjustment of Status and have her wait in her home country rather than in the US?

Only if she receives an approved Advance Parole Document approved before leaving.  Leaving prior to approval will void her adjustment.  The chances are not good for approval within 90 days of filing.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   39,337

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Filed: Citizen (apr) Country: Taiwan
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**Moved to Working and Traveling during US Immigration***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Gary Rich Collaborator

Gary Rich   202

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Filed: K-1 Visa Timeline
Posted
1 minute ago, Daphne . said:

Yikes, maybe the K1 wasn’t the best option in her situation.. She can’t leave the US during the adjustment of status process until she has authorization (approved I-131 or I-485). If she leaves without it, you’ll have to start from scratch with a spousal visa. 

 Your statment.. is true.. but from what I actually heard myself.. the paperwork for AOS,EAD, are being process very fast, maybe not as fast as OP  might need it.. but better than before, because of fee's increase on April 1st.

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Crazy Cat Grand Master

Crazy Cat   39,337

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

The Visa Journey average from filing to Advance Parole approval is 131-136 days.  Sample size is 117 records.  It could take as long as 6 months.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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wildbug100420 Contributor

wildbug100420   59

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
1 hour ago, kbsdk said:

Hey All!

 

We just got our NOA2 approval (woo!). I do have a question about later on steps. My fiancee is unable to stay in the country after our 90 days (ailing relative that needs care in home country), is it still possible to file for Adjustment of Status and have her wait in her home country rather than in the US? Otherwise would we just have to file for the marriage green card? I ask because the processing times are so much shorter with the former. Hopefully this isn't too dumb of a question.

Thank you!

 

 

You must be present in the US to file and remain in the US until advance parole is approved. If you were to marry now then the K1 is void 

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