AP Needed?

[JenT 0]

Hi Everyone,

I just filed our I-129F last week (no receipt recieved yet) and am trying to think ahead... looking at all of the times (Nebraska Service Center, Embassy in Frankfurt), we're thinking 'wedding' sometime Sept/Oct/Nov. (?)

My fiance, David, is in Germany (visiting for vacation in 19 days!!) and he has a dear friend who is very ill with cancer. We are not sure of the time his friend has left but are trying to think ahead. If he passes after David has entered the US on his K1... either before we are married, or after, what should we do? Do we file an emergency I-131? Do we anticipate the need and file ahead? Does it matter that the person who is ill is not a direct family member?

So many questions and not much help on the uscis website... just trying to anticipate what might be required...

Thanks for any direction you can offer!

Jen

[gag54611 1]

Regarding your wedding thoughts, it seems that November is a better target to aim for. But don't make any firm plans or put down any money until your fiance has his visa stamped in his passport. There are no guarantees with this process and I've seen many cases where people on VJ lost deposits of thousands of dollars.

Regarding your fiance's friend, if your fiance leaves the USA before you get married, then he will need to rely on the consulate to re-validate his visa. But the revalidation will still expire on the previous expiry date. If they won't revalidate, you'll have to re-file and go through the whole process, and cost, again.

Once you are married, you can file the I-131 (Advanced Parole) along with the I-485 for adjustment of status. The I-131 typically takes about 2 months to come through.

He will only be able to get an emergency AP after you are married. Whether his friend's illness will be sufficient grounds for granting his request, I don't know.

Best of luck in a difficult situation.

G

Edited May 3, 2006 by gag54611

[JenT 0]

Thanks G.... there will be 'little' money involved. This will be the second wedding for both of us and we are going to keep it extremely small and intimate... small church ceremony with a gathering at our house afterwards... this will also help with our being 'flexible' as to the date.

Your outline of the 'process' is very helpful. We'll know more about our friend's health situation once he's had some tests, but you're right... this is very difficult. Hard to be joyful about one aspect of your life and completely the opposite on others.

Congratulations on the 'success' of your journey!!

Jen