Q: I entered the US under a K-1 Fiance visa, when can I leave the US after filing Change of Status forms?
I entered the United States under a K-1 Fiance visa and plan to marry my fiancé next Wednesday. My K-1 Visa expires on the 12th January 2017 and I will file my I-485 and subsequent forms (I-765, I-864 & G-325A) before my K-1 expiry date.
I need to leave the US in late January to attend a wedding in South Africa and potentially accept temporary employment. From my research online I understand that I am required to submit an I-131 Application for Travel Document or “Advance Parole” with my Change of Status packet however I hear that this can take weeks to be approved and I will need to book flights in the next couple of weeks. I have heard if the petitioner of an I-485 leaves the country whilst their packet is being processed then their Change of Status application might become null and void as well as the payment which is substantial.
Can you please inform me of the fastest way to clear this with the USCIS so that I may be allowed to travel out of the country?
A: There is no way to expedite the process. You can assume the risk for leaving the US to attend the wedding (not recommended if you find temporary employment) without receiving prior authorization, but be aware the forfeiture risk is real. In the alternative, you can let the K-1 lapse, not file the I-485 in December/January and seek re-entry to the US on another visa (and then file the I-485 and supporting documents on the new visa).
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