ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresQuestions on Advanced Parole and other options for leaving country

Hi,

 

I am hoping people on here could help me answer some questions:

 

I am a US citizen. My fiance was just granted a K1 visa from the Nairobi consulate (yay!!!) Now, we do not know where in the world we will be living, as I am likely to gain employment in another country very soon (currently we both reside in Kenya). It is likely I may continue to work in Kenya or another country in the near future (perhaps in the next year), but we got the visa anyway so that he can at least come back with me when I go home in April or May, and it is also possible that I will stay there--and in that case get married and apply for AOS etc. 

 

My question is:

 

Scenario 1: We enter the US with the K1 visa, we marry and I end up getting a job out of the country, before he receives he green card--I presume he can apply for the advanced parole together with the I-485, BUT how long is the AP valid for? If the green card arrives while we are both abroad, can we just have it mailed to us and use it? What would happen to the biometrics appointments and stuff? Basically--how long is an AP valid for, is it valid up until the time the green card is received, or does it expire after a certain amount of time?

 

Scenario 2: We enter the US with a K1 visa, and end up not marrying for whatever reason (timing, family issues, any other reason), how likely is it that he will be approved for another K1 if we begin the process again? (keeping in mind that he did NOT overstay his time in the US and left within the 90 day period)? 

 

Thanks so much for all your help!


smarieNot TellingKenya2013-12-06 04:27:00
K-1 Fiance(e) Visa Process & ProceduresNot going to use approved K-1 Visa

Hello,

 

In December, my fiance was approved for a K-1 visa. We applied for this while I was in the US (In January 2013) and he was in Kenya. Currently I am in Kenya working, and will return to the US for the month of May, and then  it is looking quite likely that I will return to Kenya for more work. Given the short period of time I will be in the US, and that we won't be staying there, plus unforeseen circumstances that make this not the best time for him to come there with me, we have decided to NOT use the K-1 visa--as I understand, it is not allowed to use a K-1 visa for just visiting, and only one month in the US is not enough time for us to get married.

 

My question is: What should I do now? He is still my fiance and later on we WILL want to get married and for him to come to the US, but I am not sure when I will be living in the US next, as it looks like the foreseeable future will be spent living outside of the US with my fiance. 

 

--Do I notify the Nairobi Embassy AND USCIS? How should I do this? Is there any specific form to fill?

 

--Is there any way to retain the approval of the visa but just for a later time to use it? Right now it expires May 29, and I understand that once it expires you have to apply again, but I want to just ask that question anyway.

 

--If we need to/when we DO apply for K-1 again, is there any chance that the process will be quicker because he was already approved for the K-1 visa but didn't end up using it during the time it was valid?

 

and finally,

 

--Does this look negative in the eyes of immigration if we apply, were approved, ending up not using it, and then apply again at a later date? I would think not because we are being honest with the system, but just want to hear some thoughts.

 

Thank you,

 

S


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