K-1 Fiance visa holder may only use the K-1 Visa once to enter the country.  After they leave the U.S., they must obtain another visa to come back.  However, this is only true prior to the date of marriage.  Once the alien is married to the U.S. citizen, within 90 days from entering into the U.S., the U.S. citizen spouse may file a petition for alien relative and adjustment of status at the same time.  In addition, the alien can obtain work permit and travel document.  Once they received the travel document, the alien can leave the U.S. for a short period of time without having to obtain another visa, regardless of how long it may take for the alien to obtain a green card.   Unlike a K-1 Fiance visa, K-3/K-4 holders may travel outside of the U.S. and return using their nonimmigrant K-3/K-4 visa (if it is still valid) for a short trip, even if they have filed for adjustment of status in the U.S. prior to departure.  If the visa is no longer valid, the alien will need a travel document prior to returning to the United States.  In practice, we do not advise the client to leave the U.S. prior to obtaining the travel document, which will take from 60-90 days to obtain.  Unless it is an emergency, it is generally not a good choice to leave the country prior to having a travel document when an alien does not have a valid visa and/or a green card (which is a permanent visa for permanent residents). 

 

Contact the Immigration Lawyers at Garg & Associates today for more on K Visa Travel!