If my Russian fiancee' and her 2.5 year old son enter the USA on K-1 and K-2 visas respectively, I understand that we would have 3 months to get married or she and her son would have to return to Russia. My question is this: Could she return to Russia after only visiting me a few weeks to make arrangements for things on her end in Russia and then reenter the USA on the same previously-issued K-1 and K-2 visas to marry me within the remaining timespan of the original K-1 visa?
Many thanks in advance for your kind attention to this matter.
Waverly Hall, Georgia
Just random web searches.
Unfortunately, she cannot do this. Here is a link:
Here is a quote from that web page:
"Can a K-1 Visa Holder Leave the United States?
The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States."
10+ years of experience in various aspects of U.S. Immigration Law.
My intended foreign fiancee' and her son will be coming to the USA on K-1 and K-2 visas. She wants to stay here only a few weeks, return to Russia for a while, and then return again to the USA with her son. I know that the original K1- and K-2 visas may not be valid after she leaves the USA, however, I am aware that she may be able to apply for an "Advance Parole" using Form I-131. Is an "Advance Parole" customarily granted for this reason to those here on K-1 visas, or would it only be granted due to a death in her family or something major? When should she apply with the I-131 after her initial arrival here? What is the usual turnaround time for its' approval? Will she have to be here when the approval arrives or could she have already returned to Russia with my eventual mailing to her of same? If an "Advance Parole" were issued and she returned how long could she and her son stay? Until the time the original K-1 and K-2 expires? I need specific answers this time, not web links.
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