Bryan Dickson

I am due to arrive in LA on June 1 2005 and be married June 11 2005.

On June 13 my wife and I depart for Italy returning June 26 to the US.

As the K1 Visa that I hold is valid for Single Entry only and as there is n=
ot
enough time for the I-765 form to be processed between the wedding day and =
my departure day, can anyone tell me what I should be doing.

I have sought advise in writing from USCIS but it seems no one is talking.

By the way, I will be carrying photocopies of tickets to and from Italy wit=
h me.

Any advise would be appreciated.


Bryan

Rete

    > I am due to arrive in LA on June 1 2005 and be married June 11 2005.
    > On June 13 my wife and I depart for Italy returning June 26 to the US.
    > As the K1 Visa that I hold is valid for Single Entry only and as there
    > is n=
    > ot
    > enough time for the I-765 form to be processed between the wedding day
    > and =
    > my departure day, can anyone tell me what I should be doing.
    > I have sought advise in writing from USCIS but it seems no one is
    > talking.
    > By the way, I will be carrying photocopies of tickets to and from
    > Italy wit=
    > h me.
    > Any advise would be appreciated.
    > Bryan

If you do as you plan to do, then you will not be returning to the US
with your bride. The K-1 is for entry to the US for the purpose of
marriage within 90 days to the USC who petitioned for you. You are then
to file for Adjustment of Status based on that marriage. You then
require an I131 Advance Parole document to leave and return to the US so
that your AOS petitions are not considered abandoned.

Your plan calls for you to leave the country without applying for
Adjustment and without Advance Parole. You will need to return to the
UK after your honeymoon, your wife returns to the US and then she will
file for you to return to the US through either an immediate relative
visa or a K-3.

Jenney & Mark

    > I am due to arrive in LA on June 1 2005 and be married June 11 2005.
    > On June 13 my wife and I depart for Italy returning June 26 to the US.
    > As the K1 Visa that I hold is valid for Single Entry only and as there
    > is n=
    > ot
    > enough time for the I-765 form to be processed between the wedding day
    > and =
    > my departure day, can anyone tell me what I should be doing.
    > I have sought advise in writing from USCIS but it seems no one is
    > talking.
    > By the way, I will be carrying photocopies of tickets to and from
    > Italy wit=
    > h me.
    > Any advise would be appreciated.
    > Bryan

Firstly, form I-765 is an application for an EAD. You must mean form I-
131, the application for Advance Parole.

Secondly, you are obviously aware that you need a travel document to
leave and then return to the US, since you admit that there isn't enough
time for it to be processed. So the question then becomes, why did you
arrange to spend your honeymoon outside the United States, knowing you
won't have what you need in order to return?

You have two options: 1) Follow Rete's suggestion by going to Italy,
then returning to the UK while your new wife returns to the US and gets
the spousal visa thing going; or 2) Make new honeymoon arrangements for
someplace in the US. I hope your Italy travel arrangements are
refundable.

~ Jenney

DCMark

    > I am due to arrive in LA on June 1 2005 and be married June 11 2005.
    > On June 13 my wife and I depart for Italy returning June 26 to the US.
    > As the K1 Visa that I hold is valid for Single Entry only and as there
    > is n=
    > ot
    > enough time for the I-765 form to be processed between the wedding day
    > and =
    > my departure day, can anyone tell me what I should be doing.
    > I have sought advise in writing from USCIS but it seems no one is
    > talking.
    > By the way, I will be carrying photocopies of tickets to and from
    > Italy wit=
    > h me.
    > Any advise would be appreciated.
    > Bryan

Not to be mean but my advise would have been to do some research before
planning this trip (honeymoon?). What you suggest to do will result in
your K1 going poof and you will be denied entry back into the US.

Rete

    > Firstly, form I-765 is an application for an EAD. You must mean form
    > I-131, the application for Advance Parole.
    > Secondly, you are obviously aware that you need a travel document to
    > leave and then return to the US, since you admit that there isn't
    > enough time for it to be processed. So the question then becomes, why
    > did you arrange to spend your honeymoon outside the United States,
    > knowing you won't have what you need in order to return?
    > You have two options: 1) Follow Rete's suggestion by going to Italy,
    > then returning to the UK while your new wife returns to the US and
    > gets the spousal visa thing going; or 2) Make new honeymoon
    > arrangements for someplace in the US. I hope your Italy travel
    > arrangements are refundable.
    > ~ Jenney

My question is: Why did he apply for a K-1 Fiancee Visa and not just
come to the US, marry, honeymoon in Italy and return to the UK to wait
out the K-3 processing?

Seems as if either the research was flawed.

Rete

Ian-Mstm

    > Firstly, form I-765 is an application for an EAD. You must mean form
    > I-131, the application for Advance Parole.
    > Secondly, you are obviously aware that you need a travel document to
    > leave and then return to the US, since you admit that there isn't
    > enough time for it to be processed. So the question then becomes, why
    > did you arrange to spend your honeymoon outside the United States,
    > knowing you won't have what you need in order to return?
    > You have two options: 1) Follow Rete's suggestion by going to Italy,
    > then returning to the UK while your new wife returns to the US and
    > gets the spousal visa thing going; or 2) Make new honeymoon
    > arrangements for someplace in the US. I hope your Italy travel
    > arrangements are refundable.
    > ~ Jenney

There is a 3rd option - he can fly to the US to get his fiance, head to
Italy on a honeymoon, and then return to the US on the K-1 visa and
*then* actually get married! A bit like putting the cart before the
horse, but it should work... assuming they let him into the US in the
first place. That said, I also agree with you, Rete and DCMark - the
research was flawed.

Ian

Ray

    > There is a 3rd option - he can fly to the US to get his fiance, head
    > to Italy on a honeymoon, and then return to the US on the K-1 visa and
    > *then* actually get married! A bit like putting the cart before the
    > horse, but it should work... assuming they let him into the US in the
    > first place. That said, I also agree with you, Rete and DCMark - the
    > research was flawed.
    > Ian

Forth option.... go to Naples or Venice .......in Florida...

Folinskyinla

    > I am due to arrive in LA on June 1 2005 and be married June 11 2005.
    > On June 13 my wife and I depart for Italy returning June 26 to the US.
    > As the K1 Visa that I hold is valid for Single Entry only and as there
    > is n=
    > ot
    > enough time for the I-765 form to be processed between the wedding day
    > and =
    > my departure day, can anyone tell me what I should be doing.
    > I have sought advise in writing from USCIS but it seems no one is
    > talking.
    > By the way, I will be carrying photocopies of tickets to and from
    > Italy wit=
    > h me.
    > Any advise would be appreciated.
    > Bryan

Hi:

In all liklihood, the I-765 will not be approved in time, and besides,
it will be useless anyways once outside the US. And it seems that you
will not be apply for adjustment of status in the US based upon the
proposed timeline.

BTW, how do you intend to return to the US? Curious minds would
like to know.

Petra

    > Hi:
    > In all liklihood, the I-765 will not be approved in time, and besides,
    > it will be useless anyways once outside the US. And it seems that you
    > will not be apply for adjustment of status in the US based upon the
    > proposed timeline.
    > BTW, how do you intend to return to the US? Curious minds would like
    > to know.

Why not fly England - Italy and have your spouse meet you there?
Then afterwards, you fly 'home' and have a quicky wedding....
Petra

Noorah101

    > I am due to arrive in LA on June 1 2005 and be married June 11 2005.
    > On June 13 my wife and I depart for Italy returning June 26 to the US.
    > As the K1 Visa that I hold is valid for Single Entry only and as there
    > is n=
    > ot
    > enough time for the I-765 form to be processed between the wedding day
    > and =
    > my departure day, can anyone tell me what I should be doing.
    > I have sought advise in writing from USCIS but it seems no one is
    > talking.
    > By the way, I will be carrying photocopies of tickets to and from
    > Italy wit=
    > h me.
    > Any advise would be appreciated.
    > Bryan

Hi Bryan,

Very simply put, you cannot go on that trip to Italy directly after your
wedding in the USA. You'll either have to postpone the trip until you
receive AP (about a month or two after you file AOS), or go on the trip
sooner (before marriage), as others have also suggested.

Best Wishes,
Rene