Can a K1 visa holder travel to the home country and back to the US after marriage?

[eevee]

Hi,

My US Citizen fiance and I submitted our K1 Visa application a month ago. We're planning to hold wedding receptions in our respective home countries as our grandparents are too old to travel.

We would ideally like to have our marriage registered in the US first before returning to my home country (Singapore) for a wedding reception. However, from the information that I've been reviewing on the various sites, it appears as if I won't be able to leave the country after entering on a K1 Visa as we would have to submit Form I-765 and I-485 after marrying. Is this indeed the case?

Hope to hear from you soon.

PS: I got the information about Form I-765 and I-485 from: https://www.uscis.gov/sites/default/...urces/A2en.pdf & https://www.uscis.gov/family/family-.../fiancee-visas.

[Trinity71]

Hi,

My US Citizen fiance and I submitted our K1 Visa application a month ago. We're planning to hold wedding receptions in our respective home countries as our grandparents are too old to travel.

We would ideally like to have our marriage registered in the US first before returning to my home country (Singapore) for a wedding reception. However, from the information that I've been reviewing on the various sites, it appears as if I won't be able to leave the country after entering on a K1 Visa as we would have to submit Form I-765 and I-485 after marrying. Is this indeed the case?

Hope to hear from you soon.

PS: I got the information about Form I-765 and I-485 from: https://www.uscis.gov/sites/default/...urces/A2en.pdf & https://www.uscis.gov/family/family-.../fiancee-visas.

You would not be able to travel home while your adjustment of status is pending. After filing for your adjustment of status after marrying, you can apply for advance parole through USCIS. If approved that would allow you to travel during the adjustment of status period and then re-enter the U.S., but it must be approved first. If it's not approved even if filed and you leave, it would revoke your application for adjustment of status.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[eevee]

You would not be able to travel home while your adjustment of status is pending. After filing for your adjustment of status after marrying, you can apply for advance parole through USCIS. If approved that would allow you to travel during the adjustment of status period and then re-enter the U.S., but it must be approved first. If it's not approved even if filed and you leave, it would revoke your application for adjustment of status.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

Hi Trinity71,

Thanks for letting me know. Have a nice weekend.

Cheers!
eevee

[eevee]

You would not be able to travel home while your adjustment of status is pending. After filing for your adjustment of status after marrying, you can apply for advance parole through USCIS. If approved that would allow you to travel during the adjustment of status period and then re-enter the U.S., but it must be approved first. If it's not approved even if filed and you leave, it would revoke your application for adjustment of status.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

Hi Trinity71,

Thanks for getting back to me about this. I'm getting really confused with all the things that I'm reading on various sites and forums.

My understanding is that the Adjustment of Status (I-485) takes about 3 months to process, which is about the same processing time as the Advance Parole & EAD while the temporary Green Card takes about a year. Is this right?

Hope to hear from you soon.

[rayb]

Normally, the Advance Parole and Work Authorization show up about 3 months after submitting the Adjustment of Status package.

The Adjustment interview and subsequent Green Card arrival follow about 3 months later, usually about 6 months from submittal of the Adjustment of Status package.

--Ray B

Hi Trinity71,

Thanks for getting back to me about this. I'm getting really confused with all the things that I'm reading on various sites and forums.

My understanding is that the Adjustment of Status (I-485) takes about 3 months to process, which is about the same processing time as the Advance Parole & EAD while the temporary Green Card takes about a year. Is this right?

Hope to hear from you soon.

[eevee]

Social Security, Advance Parole & Work Authorization

Normally, the Advance Parole and Work Authorization show up about 3 months after submitting the Adjustment of Status package.

The Adjustment interview and subsequent Green Card arrival follow about 3 months later, usually about 6 months from submittal of the Adjustment of Status package.

--Ray B

Hi,

Thanks for all the advice last year.

I entered the country a few days ago and was wondering if you could provide some advice on the best way to proceed with regards to getting (1) social security number and (2) registering our marriage before proceeding with (3) adjustment of status & (4) advanced parole.

We read that we should wait for 2 weeks before applying for a social security number.

Is it advisable to wait till we have the social security number to get our marriage registered at City Hall so the marriage cert is linked to the number or should we get the marriage certificate before getting the social security number?

Hope to hear from you soon.

[rayb]

EEvee,

If you entered the U.S. on a K1 visa, you may apply for an SSN about 5 days or more after arrival, but download your I-94 from DHS to take with you to the SSA office. Go to: https://i94.cbp.dhs.gov/I94/#/home

Preparation and submittal of your Adjustment of Status package is your notification to USCIS of your marriage status. You will need a copy of a certified Marriage Certificate to submit your Adjustment of Status package. Your SSN application should be done in your maiden name so that your arrival can be verified by the SSA interface with DHS.

--Ray B

Hi,

Thanks for all the advice last year.

I entered the country a few days ago and was wondering if you could provide some advice on the best way to proceed with regards to getting (1) social security number and (2) registering our marriage before proceeding with (3) adjustment of status & (4) advanced parole.

We read that we should wait for 2 weeks before applying for a social security number.

Is it advisable to wait till we have the social security number to get our marriage registered at City Hall so the marriage cert is linked to the number or should we get the marriage certificate before getting the social security number?

Hope to hear from you soon.

[eevee]

Thank you!

EEvee,

If you entered the U.S. on a K1 visa, you may apply for an SSN about 5 days or more after arrival, but download your I-94 from DHS to take with you to the SSA office. Go to: https://i94.cbp.dhs.gov/I94/#/home

Preparation and submittal of your Adjustment of Status package is your notification to USCIS of your marriage status. You will need a copy of a certified Marriage Certificate to submit your Adjustment of Status package. Your SSN application should be done in your maiden name so that your arrival can be verified by the SSA interface with DHS.

--Ray B

Thanks, Ray! I entered the US on a K1 visa so we're a little anxious about timing as we'd like to ensure we aren't putting the cart before the horse and thereby causing undue delays to the process. By the way, would it be a problem for the Adjustment of Status process if I didn't change my name after marriage? It's uncommon for ladies to change their names after marriage in Singapore (where I come from) and I can't go back to my home country for months to get my legal name changed (if required).

[newacct]

Thanks, Ray! I entered the US on a K1 visa so we're a little anxious about timing as we'd like to ensure we aren't putting the cart before the horse and thereby causing undue delays to the process. By the way, would it be a problem for the Adjustment of Status process if I didn't change my name after marriage? It's uncommon for ladies to change their names after marriage in Singapore (where I come from) and I can't go back to my home country for months to get my legal name changed (if required).

Not a problem at all. In fact, not changing names saves a lot of hassle.

[eevee]

Not a problem at all. In fact, not changing names saves a lot of hassle.

Thanks for letting me know. Yes, not changing names saves a lot of hassle. Have a nice weekend ahead, everyone!

[rayb]

Your name is legally changed in the U.S. when you marry. Unless you don't want your Green Card to be in your mariried name, do all your Adjustment of Status in your married name.

--Ray B

Thanks, Ray! I entered the US on a K1 visa so we're a little anxious about timing as we'd like to ensure we aren't putting the cart before the horse and thereby causing undue delays to the process. By the way, would it be a problem for the Adjustment of Status process if I didn't change my name after marriage? It's uncommon for ladies to change their names after marriage in Singapore (where I come from) and I can't go back to my home country for months to get my legal name changed (if required).

[eevee]

Your name is legally changed in the U.S. when you marry. Unless you don't want your Green Card to be in your mariried name, do all your Adjustment of Status in your married name.

--Ray B

Hi Ray, Thanks for getting back to me on this. Is it possible to get my Green Card and Adjustment of Status in my maiden name as I still have assets in my home country and I would need to get a lawyer to execute my Deed Poll in my home country plus get all my official documents (eg. passport, drivers licence etc) reissued within 28 days of change. I read on the official site that name changes aren't a legal requirement but am not sure if that isn't the case for foreign fiancees? https://www.vsb.org/site/publication...ge-in-virginia

[eevee]

Is it advisable to get a SSN first?

Sorry, it's me again. We're still a little confused. Is it preferable to get the SSN ahead of a marriage certificate?

[rayb]

It doesn't matter in which order you get the SSN, unless your area (county, parish, borough or state requires an SSN to get married).

--Ray B

Sorry, it's me again. We're still a little confused. Is it preferable to get the SSN ahead of a marriage certificate?

[eevee]

It doesn't matter in which order you get the SSN, unless your area (county, parish, borough or state requires an SSN to get married).

--Ray B

Thanks, Ray. I guess we'll need a SSN to get married in VA. The site asked for our SSNs.

http://www.usmarriagelaws.com/marriage-license/virginia/circuit-court-clerks/office-requirements.shtml