after you get your visa...

[Cathryn]

after you get your visa are you able to travel, overseas, leave the country and come back etc as you please or are there any restrictions?

[inlimbo]

Depends on the visa. I think with a CR1/IR1 you can travel right away. With a K1 visa you have to wait until your AOS goes through, or you can apply for advance parole, which allows you to leave the country and return while your AOS is pending.

[kitkat1]

K1s definitely cannot leave until they either have AP or a green card. CR1/IR1 and K3 are multiple entry. There are major restrictions on how long a green card holder can be out of the country without running into problems - check the USCIS website for more info.

[gdalicia]

I've heard conflicting things about whether or not it's a good idea to travel on a K-3. Would it be a bad idea for us to visit Mexico while we are waiting for AOS?

[Adriane]

This raises a good point-

We are living in CDJ, and making ends meet, albeit not well. Mr. Adriane is finally working in CDJ and although it's not much, his contribution is important. He'll get a K3 visa and the plan was to keep living here in CDJ with him working here until his EAD is approved- then move across the border where it's more expensive and file the AOS once we can afford to have him unable to leave the US while we wait for Advanced Parole, i.e. when he can legally work in the US. During the time we're waiting for the EAD we'll try not to have him cross into the US more that necessary, but he will cross a few times...

I know it's not ideal and Laurel recommends against this but for us I think it's the best option.

Does anyone see a problem with our plan? It would be good to know now....

[Adriane]

I've heard conflicting things about whether or not it's a good idea to travel on a K-3. Would it be a bad idea for us to visit Mexico while we are waiting for AOS?

I think that once you file for AOS, you can not leave the US until you at least get Advanced Parole or your Greencard or it's considered abandoning your petition. Which is why were planning to wait a few months to file for AOS until we can move away from the border area.

But maybe I'm wrong.

[inlimbo]

Adriane, are there requirements on how soon you have to file AOS after you enter the country with K3?

[Adriane]

I thought it was within 2 years- but now I don't know....

[gdalicia]

Adriane we won't need Advanced Parole....the K-3 is good for multiple entries. K-1 visas aren't and that's why they apply for AP so they can travel during AOS. I'm just wondering if it's one of things where they say it's fine and then you have trouble at the POE?

[Cathryn]

I was wondering like for example my husband is going for his first appointment on September 5th and then going through infopass fior thet 1601 waiver, if he gets approved and gets his visa after coming abck to the us, is he free to travel? or are there any restrictions?

[gdalicia]

I copied this from visajourney.com (hope that's okay...):

14.1)...How soon after we arrive in the U.S. should we apply for Adjustment of Status?
A..For most people, this will be "as soon as possible". The USCIS (INS) has made an assumption that nearly all K3/K4 folks will want to apply for AOS, even though a few will still choose to apply for an immigrant visa at a Consulate outside the United States.
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14.2)...Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?
A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family. The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.
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[kitkat1]

Cathryn, it depends on the visa TYPE. What kind of visa will he get? That will determine if he has restrictions on travel (see the other posts here for more info).

[Adriane]

Adriane we won't need Advanced Parole....the K-3 is good for multiple entries. K-1 visas aren't and that's why they apply for AP so they can travel during AOS. I'm just wondering if it's one of things where they say it's fine and then you have trouble at the POE?

Hmmm, member Kennah (I think) told me that once you filed for AOS, you couldn't leave the US, even if you had a K3, without Advanced Parole...... maybe I'll consult Laurel to be sure....

[gdalicia]

Let's ask her at next chat to just make sure:

14.5)...Will I need to apply for Advance Parole in order to leave and then reenter the United States?
A..Not as a K3/K4. You will need Advance Parole to reenter the United States at any time after your status as K3/K4 has ended, but before obtaining Permanent Residency.
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[Adriane]

Let's ask her at next chat to just make sure:

14.5)...Will I need to apply for Advance Parole in order to leave and then reenter the United States?
A..Not as a K3/K4. You will need Advance Parole to reenter the United States at any time after your status as K3/K4 has ended, but before obtaining Permanent Residency.
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Does your status as K3 end when you get your AOS appointment, or your interview, or your greencard- or does it nd when you apply?

Yeah we'll definitely need to clarify... GDAlicia, you're going to file EAD & AOS right away, right?