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A question on a K-1 Visa leaving the US while an I-485 is in progress - post marriage

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A question on a K-1 Visa leaving the US while an I-485 is in progress - post marriage

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Old Aug 8th 2007, 10:01 am
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-Morgan
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Default A question on a K-1 Visa leaving the US while an I-485 is in progress - post marriage

Hello,

My wife entered the US on a K-1 Fiancee Visa on June 27th. Her visa is good through September 25th. We were married on July 20th. We filed the I-485 (Adjustment of Status) and I-864 (Affidavit of Support) on July 27th. I suspect the usual 3 month processing time may be elongated based on the rush to beat the July 30th fee increases.

We are planning to travel outside the US on November 15th. I was looking at the I-131 (Application for Travel Document) and it clearly states that the spouse of a US citizen does not need to apply for a travel document. Sooo, I am assuming that after the I-485 is checked in we will receive a letter stating that it is in progress and this in combination with the marriage license is sufficient for international travel from/to the US. Am I missing something here ?

tia,
G
 
Old Aug 8th 2007, 10:31 am
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Default Re: A question on a K-1 Visa leaving the US while an I-485 is in progress - post marr

Originally Posted by -Morgan
Sooo, I am assuming that after the I-485 is checked in we will receive a letter stating that it is in progress and this in combination with the marriage license is sufficient for international travel from/to the US. Am I missing something here ?

tia,
G
You are indeed missing something. Read the rest of form I-131 and this: http://www.uscis.gov/files/pressrele...ry052406PR.pdf

PS: where did it "clearly state(s) that the spouse of a US citizen does not need to apply for a travel document"? Did you read that entire section carefully?
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Old Aug 8th 2007, 10:51 am
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Default Re: A question on a K-1 Visa leaving the US while an I-485 is in progress - post marr

Originally Posted by -Morgan
Hello,

My wife entered the US on a K-1 Fiancee Visa on June 27th. Her visa is good through September 25th. We were married on July 20th. We filed the I-485 (Adjustment of Status) and I-864 (Affidavit of Support) on July 27th. I suspect the usual 3 month processing time may be elongated based on the rush to beat the July 30th fee increases.

We are planning to travel outside the US on November 15th. I was looking at the I-131 (Application for Travel Document) and it clearly states that the spouse of a US citizen does not need to apply for a travel document. Sooo, I am assuming that after the I-485 is checked in we will receive a letter stating that it is in progress and this in combination with the marriage license is sufficient for international travel from/to the US. Am I missing something here ?

tia,
G
You are missing something. The spouse of a USC who has not yet received a green card MUST have AP in hand before leaving the USA, if they want to be allowed back into the USA. If a K-1 entrant who is now pending AOS leaves the USA without AP, their I-485 is considered abandoned.

Hopefully you filed the I-131 and will receive the AP in hand before November 15th. It takes about 2 to 3 months to receive AP from the time of filing I-131.

Rene
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Old Aug 10th 2007, 10:31 am
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Default Re: A question on a K-1 Visa leaving the US while an I-485 is in progress - post marr

Originally Posted by -Morgan
Hello,

My wife entered the US on a K-1 Fiancee Visa on June 27th. Her visa is good through September 25th. We were married on July 20th. We filed the I-485 (Adjustment of Status) and I-864 (Affidavit of Support) on July 27th. I suspect the usual 3 month processing time may be elongated based on the rush to beat the July 30th fee increases.

We are planning to travel outside the US on November 15th. I was looking at the I-131 (Application for Travel Document) and it clearly states that the spouse of a US citizen does not need to apply for a travel document. Sooo, I am assuming that after the I-485 is checked in we will receive a letter stating that it is in progress and this in combination with the marriage license is sufficient for international travel from/to the US. Am I missing something here ?

tia,
G
Side note: As she entered on a K-1, I assume there no overstays(stays are her Visa or waiver expired) on her previous visits that add up to 180 days. If there are don't bother applying for AP, while the CIS will issue it. She would still be subject to an entry bar upon trying to re-enter the US.

AFAIK minor point your wife's K-1 visa is no longer valid, it is valid for one entry only which has been used. Her status is now based on the pending AOS application.
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