K1 leaving the country before AP

[ÕÔÙ»ºÍ³Î°ÛÀû]

From what I've been able to gather leaving the country as a K1 before Advance Parole has been granted *may* be interpreted as abandoning the AOS. My SO is finishing up grad school in England and we'd like to get married as soon as she gets the visa, but she can't sit around in the US for several months waiting for AP before she finishes school.

 

Obviously the safe choice is to just wait until she finishes school, but we'd rather get the ball rolling on AOS/EAD/AP as soon as we can. Is it set in stone that leaving without AP abandons the AOS or is there room for interpretation? I'd think leaving to finish school would be a valid reason that doesn't indicate a desire to live elsewhere.

[Mick]

I am far from an expert on this, but my understanding is that there is little flexibility regarding K1 and AP. I think she will need it. Our AP came back within 30 days if I remember correctly. If at all possible, I would say hang in there and wait.

 

I think there is some provision for emergency AP, but I don't know the requirements. Maybe Frank, Don or Warpedbored can help.

[LeeFisher3]

The abadnonment is not a maybe interpreted issue. Consider this:

 

If she leaves the US she will not be allowed re-entry on her visa.

She will not be able to make it to her Biometrics appointment for EAD/AOS.

Not showing up or rescheduling is abandonment.

 

The end of the school year is prefered so you can get AP and not get caught up in needing to file an I-130 and K-3 for her to get back to the US. The visa is good for 6 months and some people accidently forget their passport or some other required document forcing the approval process to be delayed.

[frank1538]

From what I've been able to gather leaving the country as a K1 before Advance Parole has been granted *may* be interpreted as abandoning the AOS. My SO is finishing up grad school in England and we'd like to get married as soon as she gets the visa, but she can't sit around in the US for several months waiting for AP before she finishes school.

 

Obviously the safe choice is to just wait until she finishes school, but we'd rather get the ball rolling on AOS/EAD/AP as soon as we can. Is it set in stone that leaving without AP abandons the AOS or is there room for interpretation? I'd think leaving to finish school would be a valid reason that doesn't indicate a desire to live elsewhere.

196205[/snapback]

The "may" language probably refers to the fact that some adjustment of status applicants are not deemed to have abandoned their AOS if they travel without advance parole. For example, a K-3 spouse who has filed for adjustment of status can still travel overseas without advance parole (if the K-3 visa is still valid) without being deemed to have abandoned his or her AOS application.

 

Unfortunately, that's not how USCIS applies the rule to K-1 visa holders. Further, since the K-1 is a single entry visa which is only good for ninety days, your fiancee, once she enters the US and uses the visa, will have no legal means for re-entering without AP or another visa.

 

Some people have thought that it would be okay to apply for a K-1 visa holder to apply for AP after marriage/AOS filed and leave the country before AP was received - the thinking is that the US spouse would send the AP so the overseas spouse could use it to get back into the US. I would not recommend doing this. Departure dates and AP dates may get cross checked, and the result could be disasterous. I remember when Jingwen flew on AP, she had to go to a holding area while the IO checked out her AP and accessed some computer records.

[lele]

I would agree.

 

Either:

 

1. have the chinese spouse wait to enter the US until the USA spouse is ready to really come and be married,

 

2. have the spouse return quickly, to formally get married

 

3. try to immigrate to England?!?!