AP for emergencies?

[thatbritishlass 2]

Hellooooo!!!

I have a question about Advance Parole as, despite having read lots and lots and lots of information both here and on the USCIS/US Embassy London/god knows how many others, I think my brain is overloaded with visa stuff and I can't process it anymore, so I need someone to spell it out for me

Me and my American hubby-to-be are currently weighing up whether to go for a K-1 or get married first and go for the K-3. We're leaning towards a K-1 right now as it just seems that much easier, but I am concerned about the travel restrictions on the K-1 and the time it takes to apply for AP. My reason for this is that my Dad is pretty elderly and not in the best of health, so I'm worried that if something happens to him once I've left on the K-1 I'll be trapped in the US and won't be able to do anything.

Correct me if I'm wrong, but the way I understood the info I have read about the AP is that it is required if you want to travel outside the US during the entire period from POE until you receive your Green Card in the mail. Is is possible to file for AP concurrently with filing for the K-1, or would I have to wait until I enter the US to do this?

Lastly, and probably most importantly, if there was an emergency back home in the UK before my AP was approved (at that's gonna take at least 3 months), what do I do??? Is it possible to get immediate advance parole to leave or would my only option be to abandon my K-1?

Thanks for your help on this

Jess (and Jason )

[payxibka 10,045]

Correct me if I'm wrong, but the way I understood the info I have read about the AP is that it is required if you want to travel outside the US during the entire period from POE until you receive your Green Card in the mail. Is is possible to file for AP concurrently with filing for the K-1, or would I have to wait until I enter the US to do this?

Lastly, and probably most importantly, if there was an emergency back home in the UK before my AP was approved (at that's gonna take at least 3 months), what do I do??? Is it possible to get immediate advance parole to leave or would my only option be to abandon my K-1?

AP covers you from the period after it is approved until GC. It CANNOT be applied for until after your marriage and with or after adjustment of status application is made.

You are never stuck inside the US, you may however be stuck outside the USA unable to re-enter if you are required to leave before you have all required documents

Edited September 19, 2008 by payxibka

[YuAndDan 153]

AP is an interim benefit of Adjustment of status (I-485) and can only be filed for after the terms of the K-1 has been satisfied that is after marriage in the USA, you file for it when you adjust status or after filing to adjust status, i cannot be filed for when applying for K-1 visa.

If there is a genuine emergency, and you have documentation of the emergency, then you could apply for Emergency AP at a USCIS filed office.

If the ability to travel is a big concern then marry first and apply for a spousal visa (CR-1 or K-3), Preferably the CR-1 because it allows the IMMIGRANT to work, get SSN and even apply for driver's license, K-3 is NOT work auth so Cannot do these things until the apply for and receive EAD or Green-card.

Note CR-1 is not taking much longer to get than K-3.

[cdn_in_wa 1]

Hellooooo!!!

I have a question about Advance Parole as, despite having read lots and lots and lots of information both here and on the USCIS/US Embassy London/god knows how many others, I think my brain is overloaded with visa stuff and I can't process it anymore, so I need someone to spell it out for me

Me and my American hubby-to-be are currently weighing up whether to go for a K-1 or get married first and go for the K-3. We're leaning towards a K-1 right now as it just seems that much easier, but I am concerned about the travel restrictions on the K-1 and the time it takes to apply for AP. My reason for this is that my Dad is pretty elderly and not in the best of health, so I'm worried that if something happens to him once I've left on the K-1 I'll be trapped in the US and won't be able to do anything.

Correct me if I'm wrong, but the way I understood the info I have read about the AP is that it is required if you want to travel outside the US during the entire period from POE until you receive your Green Card in the mail. Is is possible to file for AP concurrently with filing for the K-1, or would I have to wait until I enter the US to do this?

Lastly, and probably most importantly, if there was an emergency back home in the UK before my AP was approved (at that's gonna take at least 3 months), what do I do??? Is it possible to get immediate advance parole to leave or would my only option be to abandon my K-1?

Thanks for your help on this

Jess (and Jason )

You can get AP in one day if you have a true emergency. I did not apply for AP, not knowing I should, and had to get emergency AP.

I was told by the I/O at 1-800 (got escalated to an actual I/O - because my I-485 did not show online - thank goodness!) that I needed a letter from the Doctor and proof of relationship to the person who was ill.

For emergency AP due to illness, your family member has to be an immediate relative and your father would qualify. However, if it was a cousin, that is not considered an immediate relative, so you could not get emergency AP.

I had to get the letter and other proof. Then I made an INFOPASS appointment and got the AP. I believe you can go to your field office without an INFOPASS, as long as you take your I-797s etc and explain at the door the need for emergency AP.

For anyone that has to do this, be sure and take 2 photos with you! I had to leave and get the pictures, then return. Of course the parking garage in Seattle has no in/out privilege.

[thatbritishlass 2]

Thank you very much for clearing that up for me, I get it now Cheers muchly!!