Leaving United States after entering on a K1

[Joshua Kaufman 1]

So I'm finally expecting my fiance to have her visa in a week or two, and she'll be entering the United States shortly after. However, she is German and keen to return to Europe for several business projects over the next six months to a year. In my big Fiance and Marriage Visas book, it says that that can only be done after filing for adjustment of status and only if she applies for Advance Parole.

Has anyone used Advance Parole successfully to leave and then reenter the United States multiple times during the adjustment of status application? How easy or difficult is it?

[pushbrk 12,182]

So I'm finally expecting my fiance to have her visa in a week or two, and she'll be entering the United States shortly after. However, she is German and keen to return to Europe for several business projects over the next six months to a year. In my big Fiance and Marriage Visas book, it says that that can only be done after filing for adjustment of status and only if she applies for Advance Parole.

Has anyone used Advance Parole successfully to leave and then reenter the United States multiple times during the adjustment of status application? How easy or difficult is it?

Lots of people have used AP for exactly that purpose. That's what it's for. If you have a pressing need, you can get expedited AP on the spot at a USCIS office, with the right explanation and a kind officer.

I've always wondered if a Citizen of a VWP country really needs AP but from the best I can tell, they do.

[Krikit 1,163]

Hi Joshua. I have re-entered the US using AP on multiple occasions. My AOS is still pending and I have encountered no difficulties.

[bora bora 1]

Just remember that you can only apply for the AP once you get married - at the same time you apply for the AOS. It can take @ 3 months to be approved. But once you have it you can leave the country while the AOS is pending.

[LaL 418]

Just remember that you can only apply for the AP once you get married - at the same time you apply for the AOS. It can take @ 3 months to be approved. But once you have it you can leave the country while the AOS is pending.

clarification - you can apply for AP once you get married at the same time or after applying for AOS. You need to have proof that you applied for AOS.

[Jasman0717 8]

So I'm finally expecting my fiance to have her visa in a week or two, and she'll be entering the United States shortly after. However, she is German and keen to return to Europe for several business projects over the next six months to a year. In my big Fiance and Marriage Visas book, it says that that can only be done after filing for adjustment of status and only if she applies for Advance Parole.

Has anyone used Advance Parole successfully to leave and then reenter the United States multiple times during the adjustment of status application? How easy or difficult is it?

Lots of people have used AP for exactly that purpose. That's what it's for. If you have a pressing need, you can get expedited AP on the spot at a USCIS office, with the right explanation and a kind officer.

I've always wondered if a Citizen of a VWP country really needs AP but from the best I can tell, they do.

I sure wouldn't take the change of leaving without AP on a K-1 even with WWP

[Cassie 8]

The other thing you have to keep in mind is what the AOS adjudicating officer will think about your AOS petition when your wife spends the majority of the time you have been married outside of the country. I am not saying that she shouldn't travel, but be prepared for some potential questioning about your ongoing relationship.

Edited September 18, 2007 by Cassie

[Jasman0717 8]

The other thing you have to keep in mind is what the AOS adjudicating officer will think about your AOS petition when your wife spends the majority of the time you have been married outside of the country. I am not saying that she shouldn't travel, but be prepared for some potential questioning about your ongoing relationship.

Another good point

[Kathryn41 3,205]

Another consideration - the K-1 is valid for 6 months and should be used within that time period. Once it is used she needs to have an AP based on a submitted AOS application in order to leave the country and be allowed back in. If these projects are very important to her, she may wish not to use the K-1 until the end of its 6 months validity. It would be a delay in getting married, but that is the decision the two of you would have to make - how important is it for her to attend to these projects vs how important is it to get married right away. Given the time delays right now with the USCIS backlogs, I suspect that the 3 month expected processing time for an AP may be unrealistic.