1) Question:

I filed a green card petition for my siblings in October of 2001.  Last September NVC informed us that it was time to begin the visa application process, but now the state department is regressing the dates back to January 2000.  My understanding was that the NVC would not have begun the visa process unless a visa was available. So will this change affect my eligibility to receive a visa?  If so, do you anticipate the date changing back to January 2002 soon or will it take another two years for our case to be processed?

Answer:

The NVC usually send the fee bills a bit early, before the priority date is reached but about a month or so before they expect the priority date to be reached. So just because the NVC sent the fee bills does not mean a visa was yet available.

The DOS does sometimes retrogress the visa numbers. Their calculations are complicated and imperfect and sometimes they feel the need to move the numbers back to ensure that the number of visas and green cards issued does not exceed the quota established by Congress. When numbers retrogress, the DOS will hold pending visa applications until a visa becomes available again for that petition.

It is not possible to say for sure how long it will take for the priority date to be reached again.

2) Question:

I am planning on coming to the U.S. on a K-1 fiancé visa. Once I marry my fiancé within the 90 day period of his arrival to the US, how long before I am allowed to leave the country? We would like to visit my family in the U.K. after the marriage.

Answer:

A foreign national who enters the U.S. on a K-1 fiancé visa must marry their fiancé within 90 days. Once the foreign national has married within 90 days of entering the U.S., they should apply for Adjustment of Status (green card). With this application, they can apply for an Advance Parole travel permit. Once they have the Advance Parole, they can travel abroad. The foreign national will only need to travel on the Advance Parole document until their application for Adjustment of Status is approved. After that they can travel using the green card.

If the application for Adjustment of Status was not filed until after the expiration of the foreign national's I-94 Entry Document, they should consult with an attorney before traveling abroad. Travelling prior to receiving the Advance Parole document could possibly lead to USCIS considering the application for Adjustment of Status to be abandoned.