Honeymoon overseas after getting married with K1 visa

[Danny Ng]

Hi all

I'd appreciate some advice on this. I have just entered the US with my K1 visa and will be getting married in a couple of weeks. However, shortly after our wedding (4 days later), we will be flying overseas for our honeymoon.

Now I understand according to https://www.immihelp.com/usa-visas/kvisa/ , once I get married, in order to obtain my green card, I will need to file Form I-485 (Adjustment of Status). I will be submitting Form I-485 before we travel on our honeymoon.

I'd just like to know whether there are any implications though for traveling overseas and when I return to the US, what visa would I be admitted as? I'm an Australian and have my ESTA too.

Some guidance on this would be great. Thanks.

[rayb]

If you leave the U.S. during your Adjustment of Status processing period, without the Advance Parole, you risk being considered to have abandoned your Adjustment procedure and forfeit your $1,070 submittal fee and have to be re-petitioned as a spouse. Even though you have Australian visa waiver privileges (ESTA), use of that status may be denied once you are married.

Submit the I-131 with your Adjustment package and wait the 2-3 months until you have the Advance Parole card before leaving to frolic in the sun somewhere.

-Ray B

[Danny Ng]

Thanks rayb. Unfortunately that's not doable to wait 2-3 months for the Advance Parole card (I-131) before leaving overseas as we've already booked flights & accommodation, plus my fiance's approved vacation is only for this travel period. I'm surprised the approval process takes that long as I'm pretty sure it's very normal for couples to go on a honeymoon right after they get married?

If this is the case, do you know whether it's even necessary for me to submit Form I-485 before I go overseas? My concern is once I leave the US (honeymoon), my K-1 visa will no longer be valid upon re-entry. I either have to come back to the US as a visitor (ESTA) and then submit Form I-485, which I'm not even sure they'll let me do that.

If you leave the U.S. during your Adjustment of Status processing period, without the Advance Parole, you risk being considered to have abandoned your Adjustment procedure and forfeit your $1,070 submittal fee and have to be re-petitioned as a spouse. Even though you have Australian visa waiver privileges (ESTA), use of that status may be denied once you are married.

Submit the I-131 with your Adjustment package and wait the 2-3 months until you have the Advance Parole card before leaving to frolic in the sun somewhere.

-Ray B

[rayb]

Danny,

A K1 visa can only be used one time, for one entry.

The Advance Parole allows a K1 entrant to leave for short trips and reenter the U.S.

--Ray B

Indeed, most people take some sort of honeymoney after marriage, but that doesn't apply to K1 entrants for going outside of the U.S. before they have the Advance Parole.

Thanks rayb. Unfortunately that's not doable to wait 2-3 months for the Advance Parole card (I-131) before leaving overseas as we've already booked flights & accommodation, plus my fiance's approved vacation is only for this travel period. I'm surprised the approval process takes that long as I'm pretty sure it's very normal for couples to go on a honeymoon right after they get married?

If this is the case, do you know whether it's even necessary for me to submit Form I-485 before I go overseas? My concern is once I leave the US (honeymoon), my K-1 visa will no longer be valid upon re-entry. I either have to come back to the US as a visitor (ESTA) and then submit Form I-485, which I'm not even sure they'll let me do that.

[Danny Ng]

Yeah I figured unfortunately this might be my case. I have a scheduled appointment with a field officer next week to discuss what are my options - whether I can expedite my Advance Parole in 3 days somehow, OR whether I can submit my I-485 after my honeymoon, OR I'm forced to stay within the US if I don't want to be denied entry if I leave and possibly forfeit my I-485 application & fee.

Danny,

A K1 visa can only be used one time, for one entry.

The Advance Parole allows a K1 entrant to leave for short trips and reenter the U.S.

--Ray B

Indeed, most people take some sort of honeymoney after marriage, but that doesn't apply to K1 entrants for going outside of the U.S. before they have the Advance Parole.

[rayb]

Danny,

Some of your questions don't need a USCIS appointment to be answered.

The answers are simple:

1. Leave the U.S. without an Advance Parole, and you won't get back in.
2. You can't expedite the Advance Parole if it hasn't been applied for and Biometrics haven't been completed.

I heard of one young lady who had recently arrived on a k1 visa who walked across the U.S. Canadian border to see Niagara Falls on the Canadian side. Her status was challenged when she attempted to return to the U.S., and she wasn't allowed back in.

Your K1 visa was good for ONE ENTRY only. To leave the U.S. for a honeymoon without permission to reenter does not allow for an exception to the rule.

--Ray B

Yeah I figured unfortunately this might be my case. I have a scheduled appointment with a field officer next week to discuss what are my options - whether I can expedite my Advance Parole in 3 days somehow, OR whether I can submit my I-485 after my honeymoon, OR I'm forced to stay within the US if I don't want to be denied entry if I leave and possibly forfeit my I-485 application & fee.

[Danny Ng]

With (2), I was originally planning to submit Form I-485 & I-131 the day after my wedding.

However, if I can apply for Advance Parole now, expedite it (find out from interview) and return to the US on my K-1 visa, then I'll probably do this.

Danny,

Some of your questions don't need a USCIS appointment to be answered.

The answers are simple:

1. Leave the U.S. without an Advance Parole, and you won't get back in.
2. You can't expedite the Advance Parole if it hasn't been applied for and Biometrics haven't been completed.

I heard of one young lady who had recently arrived on a k1 visa who walked across the U.S. Canadian border to see Niagara Falls on the Canadian side. Her status was challenged when she attempted to return to the U.S., and she wasn't allowed back in.

Your K1 visa was good for ONE ENTRY only. To leave the U.S. for a honeymoon without permission to reenter does not allow for an exception to the rule.

--Ray B

[rayb]

NG,

Your future wife's K1 visa, alone, won't allow her to reenter the U.S.

--Ray B

With (2), I was originally planning to submit Form I-485 & I-131 the day after my wedding.

However, if I can apply for Advance Parole now, expedite it (find out from interview) and return to the US on my K-1 visa, then I'll probably do this.

[Danny Ng]

Just to give an update here for other people's future reference. I called up the USCIS and went for an appointment with an immigration officer. He verified that once I leave the US, I won't be allowed in with my fiance visa.

I had to cancel my overseas honeymoon and do that in the US instead. Hope this helps.

NG,

Your future wife's K1 visa, alone, won't allow her to reenter the U.S.

--Ray B

[rayb]

I think I told you that already.

-Ray B

Just to give an update here for other people's future reference. I called up the USCIS and went for an appointment with an immigration officer. He verified that once I leave the US, I won't be allowed in with my fiance visa.

I had to cancel my overseas honeymoon and do that in the US instead. Hope this helps.