Jane1961

Interesting thread, and best wishes with all your plans Helenscarlett.



I'm quite a few months behind the need to ask this but may be in a simialr situation. I'm a self employed so rely totally on bookings and assignments to make a living. I intend to trade fully in the UK up until the end of June 2009, and then, should all go well enter the USA on a K1 visa.

In simple terms I plan to keep the order book empty for the next 6 months whilst the next stage of my status is sorted out. However there are a couple of strands to my business which may prove complicated and one of these could mean that I have to travel back to the UK for a week or so after I have married.

Although i haven't researched this yet I thought there was a way of applying for permission to travel once a K1 visa has been approved?

It also means that after I enter the USA on the K1 technically I shall still be self employed does anyone think this could prove to be problem?

thanks in advance

Folinskyinla

Hi:

As a general rule, you cannot get the I-485 & I-131 into Chicago lockbox AND get the advance parole in hand within a "week or two" of getting married.

However, if you are willing to start all over with an I-130 and then do an Immigrant Visa, perhaps your wait back in the UK will be only about nine months or so.

Good luck.

Jane1961

well we haven't applied for anything yet, the plan is to start the petition in October when I am in the USA. So we still have a little time to research things further.

But if I am correct in understanding what you say, once I enter the USA on a K1 then I have to sit tight until all the necessary change of status procedures have taken place? Sorry to be a bit vague but I haven't read up much about this stage yet

My understanding that there was a procedure to allow me to travel once I was in the USA on a K1 came from a free consultation with an immigration lawyer. However much of the advice I was given by her has since proved to be unreliable to say the least, as well as potentially expensive! This forum / website / reference has proved to be far far better source of information and assistance

cheers

Folinskyinla

Hi:

There IS a procedure in place to get travel permission. No one has said any different. However, it is YOU who said you wanted to leave a week or two after getting married. I have a weird feeling that YOU left out that little fact about the the week or two time frame.

I can't tell you how many times I answer a question and I am told "you just contradicted lawyer X" and I will respond, "I know lawyer X quite well and I'm sure there is a reason for the conflicting advice. Do you mind if I call her right now? We are both interested that you get accurate advice." And sure enough, there was a difference in the question asked.

Jane1961

I suppose it is a matter of being able to know precisely what information I require, then phrasing it accordingly so there are no misunderstandings, and NO i don't intend to travel within weeks of being married nor spend more time than is necessary in the UK taking care of the work that I may ...... and I stress may..... have to undertake.

If I have to travel it should not entail more than 3 days work, so tie that in with a brief visit to my small family and I have a week at most

Life is never simple and I'm totally commited to the path I wish to take, nor do i intend to play games with the USCIS, but at the same time have a growing business, a reputation and a set professional goals that also have to be thought about and if possible planned for

I realise it is a lot of ifs, buts and maybes but I'm afraid that is the way in which my mind works

thanks

Noorah101

Jane,

As part of your AOS paperwork, there is a form to request permission to travel while your AOS is processing. It takes about 60 days to get this permission in hand. Once you have this permission (called Advance Parole) in hand, then you can travel to the UK.

Best Wishes,
Rene

Jane1961

Thanks Noorah, that's great

fatbrit

Why don't you just consider getting married while you're in the US in October? Then return back to the UK and await your CR1 immigrant visa. No EADs, no travel authorizations, no hassle -- since you'll be a permanent resident from the start.

Jane1961

Thanks Fatbrit it's certainly a nice thought but not really an option as I want to wait until my daughter is 16 - her b/day is next June

Rete

What will you be waiting to do when your daughter reaches 16? Start the procedure for the Fiancee Visa, get married, or enter the US?

Jane1961

No we plan to start the K1 process this October when I am there so that come next Summer / Autumn the K1 Visa will have been approved and we are free to marry.

ian-mstm

This begs the question... are you not now free to marry?

Ian

Noorah101

My understanding is that Jane does not want to actually get married before her daughter turns 16. That's why they are choosing the K-1, so her entry to the USA will coincide with her daughter's birthday, and then they can get married after that.

Rene

Jane1961

yes I'm free to marry, and yes Noorah you are correct as I would like my daughter to be 16 - I haven't checked but was hoping that at 16 she would be able to take the role of "giving the bride away"

Noorah101

Is there really an age limit for something like that? Isn't it just anyone of any age of your choosing?

Rene