K-1 in the mail

[roykirk]

My 64-page K-1 petition is off in the mail as of today.  I guess now is a long wait before interview.  I need two quick clarifications that I'm sure someone can provide easily.  It is my understanding that my GF will not be able to work at all once she is here until she at least receives AOS.  Is this accurate?  I know I've read on other sites about possibility of temporary work permit when she first enters on K-1, but it sounds like this is rare (and not particularly useful).  My other question concerns traveling.  It is my understanding she will not be able to leave the U.S. on any sort of traveling until her AOS as well.  Also true?

[William3rd]

neither are true.

The K receipient is allowed 90 days of work authorization. After the application for AOS, the work permit is requested at the same time. A work permit would then be authorized up to a period of one year. . . . and renewed in one year increments until the LPR status is granted.

The K entrant is allowed only one entry to the US as this is a single entry visa. However, in conjunction with AOS filing, an advance parole may be requested to allow for future ENTRANCES to the US while waiting for the adjustment of status to be completed. Thus, foreign travel after marriage but before LPR status is possible.

[roykirk]

Okay, thanks for the clarification.

[AnastassiaAsh]

William, you forgot to add that it is actually really hard to get an advance parole - it should be only some crazy medical emergency or something like that with tons of proof. I don't think it will work just for traveling purposes.

I would definitely stick around in the US till the green card comes in.

[catzenmouse]

We filed for advance parole when we sent in the K-1 application and had it in hand in 4 or 5 weeks if my memory holds up. I'll let others weigh in on their experiences but it was not hard to get at all.

FWIW

[ConnerVT]

I thought the "new" (most recent incarnation) of the K-1 filing was now bundled with the EAD (Employment Authorization Document) and AP (Advance Parole) applications, all under a single fee structure.

William3rd, correct me if I am wrong...

[William3rd]

William, you forgot to add that it is actually really hard to get an advance parole - it should be only some crazy medical emergency or something like that with tons of proof. I don't think it will work just for traveling purposes.

I would definitely stick around in the US till the green card comes in.

No- Advance parole is commonplace in the types of filings that we are dealing with. In the old days, you needed to show exigent circumstances.

OLD INS joke- When the government was shutting down due to that budget crisis under Bush the first, every grandmother in the Philippines died- some more than once.

The rule change made advance parole available for any  good reason and that is the standard today. Traveling abroad with husband or visiting family back home are examples of good reasons.

BOTH AP and EAD are now a part and parcel of a filing for AOS-there is no additional;fee for them any more.

FOR THOSE OF YOU WITH UNLAWFUL STATUS FOR MORE THAN 180 CONSECUTIVE DAYS , YOU ARE NO ELIGIBLE FOR ADVANCE PAROLE AND VOLUNTARY DEPARTURE FROM THE US FOR ANY REASON BEFORE RECEIVING YOUR LPR STATUS MAY RESULT IN A MINIMUM 3 YEAR BAR ON RETURNING TO THE US

[dispozo]

GOOD LUCK!!