I am applying for my Fiance for K1 visa, once she comes to US and we get married. She is going to need to leave USA in Oct for her brother;s wedding. My question is, is she able to leave the USA while she is waiting for her green card. And if yes, how long does her take for her to get the travel permission.
Please let me
Yes, she can leave if she has an advance parole document IN-HAND before leaving. It takes about 100-120 days for the permit to be processed. Thus, if she wants to leave in October, you need to get married and file her papers by May/June.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
After marriage within the required time following your fiancee's entry with a K1 visa, she may apply for adjustment of status to become a Lawful Permanent Resident (to get a "Green Card"), and with that application she also may file an application for Advance Parole (a "travel document") and an application for an Employment Authorization Document. The USCIS generally adjudicates the applications for Advance Parole and for an EAD within about 120 - 150 days. If your fiancee were to depart from the USCIS before receiving Advance Parole, she would not be able to return to the U.S. for completion of the adjustment of status case, but instead would need to proceed through consular processing. It would be wise for you and your fiancee to consult with an immigration attorney about this.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway
I think its better if a person does not travel while waiting for the adjustment of status to be completed. My advice is, unless there is an emergency, dont travel. Wait for the case to finish.
This is general advice, and does not constitute an attorney client relationship.
"I am applying for my Fiance for K1 visa" likely means the person is not yet in the US and you have not even submitted the documents to USCIS. If that is the case, she will not be in the US in October 2019 as the K-1 petition would take a year or more to get to the point where she gets a visa to come to the US.
If you have already submitted the K-1 petition to USCIS, she can delay her traveling if her travel date would be close to October.
You can review the specific facts with your attorney to find out your legal options.
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