K1/Advance Parole confusion

[goldenboytoo 0]

K-1 and Advance Parole confusion

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I have been granted a K-1 visa which I understand i must use within the next six months.

I have a return ticket to the States next Wednesday (by which time my passport will have been returned), having been visiting in the US since the New Year on my B1/B2 visa.

However, I want to leave the country in July for my daughter's graduation in Kent and the Embassy said they weren't sure if this was likely to be regarded a good enough reason to be granted advance parole.

So my question is this: Would i be able to go into the States this time under visa waiver (presumably needing to buy a round trip ticket to make this happen) and telling border control that I do not wish to use my K-1 visa on this trip but will use it on my return from my daughter's graduation in July.

We would then be getting married in September.

Or is people's experience that you are OBLIGED to use the K-1 visa on the first admission to the States once the visa is printed in your passport.

This then adds a new question. Is Advance parole ever given for the purposes of a honeymoon and if so, can you apply for it in advance of getting married and then use it to leave the country immediately after the wedding? Or can you not apply for advance parole at all until you have received Adjustment of Status ... in which case you would have to wait some months for the honeymoon trip?

Sorry this is a bit wordy ... but it's all very confusing!!!

[TracyTN 237]

If you have the visa in your passport, it must be activated upon your next entry into the United States.

Advanced parole for K1ers is given for a variety of reasons - it doesn't have to be something dire like a medical emergency. I've not yet seen AP denied for any K1 applicant.

[LaL 418]

K-1 and Advance Parole confusion

--------------------------------------------------------------------------------

I have been granted a K-1 visa which I understand i must use within the next six months.

I have a return ticket to the States next Wednesday (by which time my passport will have been returned), having been visiting in the US since the New Year on my B1/B2 visa.

However, I want to leave the country in July for my daughter's graduation in Kent and the Embassy said they weren't sure if this was likely to be regarded a good enough reason to be granted advance parole.

So my question is this: Would i be able to go into the States this time under visa waiver (presumably needing to buy a round trip ticket to make this happen) and telling border control that I do not wish to use my K-1 visa on this trip but will use it on my return from my daughter's graduation in July.

We would then be getting married in September.

Or is people's experience that you are OBLIGED to use the K-1 visa on the first admission to the States once the visa is printed in your passport.

This then adds a new question. Is Advance parole ever given for the purposes of a honeymoon and if so, can you apply for it in advance of getting married and then use it to leave the country immediately after the wedding? Or can you not apply for advance parole at all until you have received Adjustment of Status ... in which case you would have to wait some months for the honeymoon trip?

Sorry this is a bit wordy ... but it's all very confusing!!!

Just for clarity - you want to do this because you think a wedding is not regarded a good enough reason to get advanced parole? It wouldnt qualify for an emergency AP, but on a simple AP application, you need no reason other than "possible future travel". Although some applications do take 90 days... which would put you around July if you filed right now - so cutting it very close.

That aside - I have read one person reported delaying using the K1 and entering on the VWP, however it is truly up to the border agent. You also mention having a B1/B2, that visa should become void when granted your K1.

Lastly - you cannot apply for AP prior to marriage, it must be included with an AOS package or with evidence that you have applied for AOS.

Adding - you should see on your K1 that it is valid for 6 months. You may want to consider staying in UK until the wedding, then entering with your K1 to avoid the hangups.

Edited April 8, 2008 by LaL

[*JG* 2]

Advanced parole cannot be applied for until you marry.

I don't see a timeline so I have no idea if you applied for your K-1 before or after last year's price increases. After the price increase, the cost of AP is already included in your AOS. All you have to do is apply for it with the AOS and EAD.

[LaL 418]

I don't see a timeline so I have no idea if you applied for your K-1 before or after last year's price increases. After the price increase, the cost of AP is already included in your AOS. All you have to do is apply for it with the AOS and EAD.

It makes no difference when the K1 was applied for when it comes to AOS fees and applications. If they apply now or in 6 months, they will pay the new fee of $1010 which includes all interims.

Edited April 8, 2008 by LaL

[goldenboytoo 0]

K-1 and Advance Parole confusion

--------------------------------------------------------------------------------

I have been granted a K-1 visa which I understand i must use within the next six months.

I have a return ticket to the States next Wednesday (by which time my passport will have been returned), having been visiting in the US since the New Year on my B1/B2 visa.

However, I want to leave the country in July for my daughter's graduation in Kent and the Embassy said they weren't sure if this was likely to be regarded a good enough reason to be granted advance parole.

So my question is this: Would i be able to go into the States this time under visa waiver (presumably needing to buy a round trip ticket to make this happen) and telling border control that I do not wish to use my K-1 visa on this trip but will use it on my return from my daughter's graduation in July.

We would then be getting married in September.

Or is people's experience that you are OBLIGED to use the K-1 visa on the first admission to the States once the visa is printed in your passport.

This then adds a new question. Is Advance parole ever given for the purposes of a honeymoon and if so, can you apply for it in advance of getting married and then use it to leave the country immediately after the wedding? Or can you not apply for advance parole at all until you have received Adjustment of Status ... in which case you would have to wait some months for the honeymoon trip?

Sorry this is a bit wordy ... but it's all very confusing!!!

Just for clarity - you want to do this because you think a wedding is not regarded a good enough reason to get advanced parole? It wouldnt qualify for an emergency AP, but on a simple AP application, you need no reason other than "possible future travel". Although some applications do take 90 days... which would put you around July if you filed right now - so cutting it very close.

That aside - I have read one person reported delaying using the K1 and entering on the VWP, however it is truly up to the border agent. You also mention having a B1/B2, that visa should become void when granted your K1.

Lastly - you cannot apply for AP prior to marriage, it must be included with an AOS package or with evidence that you have applied for AOS.

Adding - you should see on your K1 that it is valid for 6 months. You may want to consider staying in UK until the wedding, then entering with your K1 to avoid the hangups.

Thanks LaL

I thought that using Visa Waiver would enable me to delay using the K-1 until I return to the US following my daughter's graduation, thereby escaping any danger of being refused travel for my daughter's graduation.

If I go back using the K-1 this time (next Wednesday) we would get married on June 12 and I would then need to travel out on July 8. Can I apply for advance parole on my K-1 visa or do I then have to wait until we are married on June 12 to make that AP aplpication based on my AOS application?

And would they then say ... well you've had one AP, we're not giving you another one for your honeymoon?

Why is this all so confusing???

Thanks for EVERYONE'S reply so far!

[LaL 418]

K-1 and Advance Parole confusion

--------------------------------------------------------------------------------

I have been granted a K-1 visa which I understand i must use within the next six months.

I have a return ticket to the States next Wednesday (by which time my passport will have been returned), having been visiting in the US since the New Year on my B1/B2 visa.

However, I want to leave the country in July for my daughter's graduation in Kent and the Embassy said they weren't sure if this was likely to be regarded a good enough reason to be granted advance parole.

So my question is this: Would i be able to go into the States this time under visa waiver (presumably needing to buy a round trip ticket to make this happen) and telling border control that I do not wish to use my K-1 visa on this trip but will use it on my return from my daughter's graduation in July.

We would then be getting married in September.

Or is people's experience that you are OBLIGED to use the K-1 visa on the first admission to the States once the visa is printed in your passport.

This then adds a new question. Is Advance parole ever given for the purposes of a honeymoon and if so, can you apply for it in advance of getting married and then use it to leave the country immediately after the wedding? Or can you not apply for advance parole at all until you have received Adjustment of Status ... in which case you would have to wait some months for the honeymoon trip?

Sorry this is a bit wordy ... but it's all very confusing!!!

Just for clarity - you want to do this because you think a wedding is not regarded a good enough reason to get advanced parole? It wouldnt qualify for an emergency AP, but on a simple AP application, you need no reason other than "possible future travel". Although some applications do take 90 days... which would put you around July if you filed right now - so cutting it very close.

That aside - I have read one person reported delaying using the K1 and entering on the VWP, however it is truly up to the border agent. You also mention having a B1/B2, that visa should become void when granted your K1.

Lastly - you cannot apply for AP prior to marriage, it must be included with an AOS package or with evidence that you have applied for AOS.

Adding - you should see on your K1 that it is valid for 6 months. You may want to consider staying in UK until the wedding, then entering with your K1 to avoid the hangups.

Thanks LaL

I thought that using Visa Waiver would enable me to delay using the K-1 until I return to the US following my daughter's graduation, thereby escaping any danger of being refused travel for my daughter's graduation.

If I go back using the K-1 this time (next Wednesday) we would get married on June 12 and I would then need to travel out on July 8. Can I apply for advance parole on my K-1 visa or do I then have to wait until we are married on June 12 to make that AP aplpication based on my AOS application?

And would they then say ... well you've had one AP, we're not giving you another one for your honeymoon?

Why is this all so confusing???

Thanks for EVERYONE'S reply so far!

Most APs take between 60-90 days to receive after applying. There is also an option on the form for multi trip... meaning you can use it more than once during its validity period (one year).

Your marriage timeline will not work for obtaining an AP when you need it (and even if you married today is cutting it really close).

ETA: even with the one case I saw where someone was let in with a VWP with a valid K1 - this is *not* failsafe - heck I would even go so far as to say this might just be a shot in the dark.

Edited April 8, 2008 by LaL

[goldenboytoo 0]

Thanks for all your help guys ... this has been more use than anything I have read on the USCIS website or via the Embassy. It will help me make an informed decision ... which I think is to dash to the register office the moment I set foot on US soil!!!!!!!

[JaEnglishGirl 34]

Another option would be to get married ASAP, apply for AOS, AP and EAD, then get 'married' as planned in June. In my opinion, there is a STRONG possibility you would have received AP by July.