K-1, then marriage, then how long to visit home country?

[RK]

I thought about asking this under Maxxum's post, but thought I would make this question it's own topic.

Hypothetically, your fiancee comes to the US on a K-1 and you get married within the 90 day period. Now that she is now married, can she visit her country as soon as she wants, or are there limitations or other things that have to happen before she can travel outside of the US freely?

[William3rd]

She has to have her parole document or she cant come back. . .

[Zhena]

Or her first green card. I applied for parole,but got my GC in a month after that-so parole doesnt have any sense now. A waste of money

[jb]

or are there limitations or other things that have to happen before she can travel outside of the US freely?

Maybe I'm wrong, but from the part that I bolded I gather you may want to travel freely to other destinations besides her home country.  As long as she is not yet a US Citizen she will still travel with her Red passport,  having the AP, or even the Green Card, does not let her travel freely, she will still need a visa to visit most countries

[RK]

So, if she is now married in the US on her K-1 visa, she still needs an AP or green card to travel back to Ukraine and return to the US? The AP is the I-130, correct? I ask because like Maxxum, I am considering many options about a possible marriage or "ceremony". Potentially, if we marry in the US, what option is there to travel back to Ukraine as soon as possible for a reception, and how long can she realistically expect to wait to have a document that allows her back in the US?

JB...thanks for the feedback. That would be something I eventually would think about .

[jb]

The AP is the I-130, correct?

Close, the AP is the I-131.

[RK]

I was testing you JB...just kidding! Thanks for the correction.

[William3rd]

If you marry overseas and then do the I130 petition, she would conceivably enter as an IR and get her green card and then not have to worry about advance parole. . .

[jb]

William,

Is the IR processing going any quicker these days?  Last I heard the average was 18 months.

[William3rd]

You are referring to I130 processing? Part of the answer depends on the consulate involved. I think that they are doing better than 18 months.

I actually got one through recently in about 7 months start to finish CSC to Guangzhou. However- there were humanitarian issues involved in the petition and we worked with a Congressman to bring it all about.

[Jet]

So, if she is now married in the US on her K-1 visa, she still needs an AP or green card to travel back to Ukraine and return to the US?

Correct. She can file the I-131 concurrently (like, in the same envelope) with her I-485 Adjustment of status. I-131 issuance has been less than 90 days recently, but as always, that *could* change at any given moment. I've also been hearing quite a few stories about green cards being issued almost immediately in recent months, so like Zhena said, it might be a waste of money to file for the AP (I-131)

Potentially, if we marry in the US, what option is there to travel back to Ukraine as soon as possible for a reception, and how long can she realistically expect to wait to have a document that allows her back in the US?

Seems like about 6 months from first entry these days, but don't go making your fiancee any promises that you may later find you are not able to keep 

[happiness]

It should take less than 90 days to get the Advance Parole documents.  So if you have the documents ready, get married and send the documents the next day, she could travel within two months on average.   I think it took us two months last year.  Here's a chart for 68 people who got the Advanced Parole:

http://www.visajourney.com/timeline/apstats.php

 You could also travel without her documents come back alone. She just wouldn't be able to come back until you sent the AP to her.  When you get the AP documents, they give you three copies of the papers.  I think she only needs one copy to enter the US and USCIS will keep that copy when she re-enters the country.  Then the other two copies are yours/hers to keep for future travel.

[RK]

Great info! I'm getting all the info I was looking for to ponder some options.

[Jet]

You could also travel without her documents come back alone. She just wouldn't be able to come back until you sent the AP to her.

IMO This is SERIOUSLY bad advice. I'd have to go and dig it up but I seem to recall reading somewhere on the USCIS site they explained in a fair amount of detail that if you're in the US and apply for AP then leave before it is issued (they know you have left by your I-94 card) it voids the application.

[William3rd]

Do NOT let her go out of the country without the parole document in her hands. . . .

Seriously bad advice is an understatement.

If they dont issue it for whatever reason, then she has abandoned her AOS by departing.

[jb]

My wife and I married in Moscow, I filed the I-130 right after the honeymoon.  I also filed the I-129F for the K-3 a week later after receiving the NOA from Dallas.  We were processed and issued a K-3 visa in 14 months, almost 5 months later we were informed that the I-130 was finished and her Green Card was waiting for her in Moscow.   In our case we beat the IR (Green Card) process by 5 months by using the K-3 route.  Was it worth the extra filing fee to get my wife here with me 5 months sooner?  I thought so.

Of course this was the Moscow Embassy, so your mileage may vary in Kiev.

As a note, we married 5 years ago, shortly after 9-11, we kinda figured the immigration process might be hectic following that event, and it was.  However, nothing I've seen, even recently, tells me the process has gotten any easier or faster.  K-1's still are the fastest way to get a visa, depending on the Service Center you must use, Vermont being the fastest, Texas now sends K-1's to CA, I think, and the usual processing time there seems to be 5+ months, and I don't know what's going on in NE.  The NVC is a new wrinkle, post 9-11, and usually adds at least a month to the process.  The intention was originally for K-3's to speed up the process, however I don't think the machinery was ever put in place to do the job, or at least, to do the job quickly.  But I'm sure someone would argue that 14 months is certainly faster than 19 months.

Edit:  I just saw the additional posts from Jet and William, they are, of course exactly right.  People tend to forget the status a new immigrant woman enters into after marriage on a K-1... It is that of: "Pending Adjustment of Status", Limbo might be a better term.  This is why it is so important to file the I-485 immediately after the wedding.  If the new immigrant violates this tender position for any reason, it is very likely the BCIS will consider that she has abandoned the immigration process and you must start all over again, the second time would be the I-130 instead of the I-129F.

[RK]

Wow! Thanks jet, william, and jb...I am seriously so thankful for your feedback on this.