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ResourcesVisa & Immigration LawUS Immigration LawHow Soon After Arrival In The USA Can My Fiancée Return To Thailand?

How Soon After Arrival In The USA Can My Fiancée Return To Thailand?

Transcript of the above video:

I have been doing Fiancé Visas for going on about 16 years now. We have been assisting here at our firm with US Immigration since the beginning; it is kind of my bedrock thing. I have said it on the air, out in the ether of the internet before that I am not in love with Immigration. I never really got into US Immigration Law because it was some calling or any sword in the stone sort of moment, it's not. I got into US immigration Law because I wanted to make a living and live in Thailand, there was a demand for it and it was something I could specifically do here in Thailand and not be in violation of the restricted occupations here in Thailand associated with legal services, so that was another reason I got into that. 

I get a lot of questions regarding K-1 Fiancé stuff as it comes along. One of the big ones that people ask is "hey, how long after she arrives, (it's usually a she, but it could be a he or a she or whatever in the world in which we live, but at the end of the day "how long after my fiancé arrives in the United States can they return around and leave the country?" So can they, if once they get there how long do they have to stay in America? Well I know I sound like a broken record but each case is sort of case specific, it's going to depend on the specific facts in the underlying case. One of the big things you have got to remember is the K-1 is a single entry Visa; it's sort of a one-off Visa. Now I have done videos before, there are certain really quirky, exceptional situations where a second K-1 can be issued so long as it is within the validity of the originally issued one, and so long as you continue to use the same 90 days of lawful status in America when utilizing both travel documents. But in a 16-year career, I have only ever seen that issue arise one time and quite honestly there is a reason that the customs and usages of the K-1 Visa are what they are. It is not a good idea to leave the United States after arriving in K-1 status because, well I should say after arriving in K-1 status unless and until you file for Green Card status, if you have gone ahead and gotten married. Then the only way to leave while Adjustment of Status, that's the process that we call the changeover to Green Card status, the only way to leave is to go ahead and deal with what is called Advance Parole; you need to go ahead and get an Advance Parole travel document in order to leave the country and maintain one's lawful status, sort of preserve the Visa while that person is abroad. 

So the answer to the question "how soon can my fiancée turn around and come back to Thailand after coming into the United States?" is it's going to depend on a number of factors, most notably have you gotten married? have you filed for Adjustment of Status? have you filed for Advance Parole? and have you been granted Advance Parole? At that point and moving forward, it would theoretically be possible again circumstantially dependent, for that person to then leave the United States and preserve their status. But, and I have noted this many, many times, you have got to remember, in order to get the Green Card you still have to undergo the process. So it is possible to leave but you are going to have to come back to go ahead and finish the Green Card process and then be granted a Green Card in the United States.