Emergency AP question

[marlin99 0]

Quick History.. Used VJ (a great resource as we all know) for the whole process to get my Fiancee here stateside from Russia. Got married (a little later then scheduled), and we are sending out the AOS paperwork to Chicago lockbox in the next day or two.

Here is my issue.

My wife and her son were issued their original visa's in Moscow good for 6 months for 1 entry. However, her son was in school, and we wanted to make sure we were 100% compatible before we got married, so her son stayed in Russia with her parents. We did get married, now we want to fly over to Russia and bring her son back with us. Problem is, his visa expires on April 13 (the US embassy in Moscow should have issued his entry visa for 1 year, but made a mistake and issued only for 6 months), and there is no way we would get an advanced parole via the Chicago lockbox in this time frame.

So here is the question. Is the impending expiration date of my wife's son's visa to the US enough of an excuse to Infopass and get an emergency AP?

And finally, Should I still send a I-131 in my original package to Chicago lockbox, or just go direct to Infopass?

Let me know your thoughts before I start shelling out the $$$ for an attorney.

Thanks for your help!

Marlin

[YuAndDan 153]

Send the I-131 in the package to Chicago, then bring the I-131 AOS NOA1 with you to an info pass appointment, they may or may not issue an AP for that, A K-2 is capable to travel without a parent accompanying them.

And YES the 6 months validity is CORRECT for a K-2.

K-2 Entries:One Validity:6 Months

http://travel.state.gov/visa/frvi/reciproc...ocity_3656.html Edited February 3, 2009 by YuAndDan

[raymaga 25]

Your wife's son's K-2 visa would be valid for 6 months (not 1 year). K-2 visas have the same validity as the K-1 visa does.

If you apply for AP right now, you will most likely have it approved before April 13th, but not definitely.

I would schedule an Infopass appointment, take all your documentation with you and see what they say. But I would most definitely send the AP application along with the AOS application as soon as possible so that at least that paperwork is being processed.

Good luck.

[marlin99 0]

Thanks for the advice! That was the route I was thinking about taking, now will do for sure.

And you guys are correct about the 6 month entry period for her son, I got my wires crossed about the 1 year time frame on some info I read on the Moscow Embassy about that subject back when we started- "The cut-off date for issuance of a K2 visa is 1 year from the date of the K1 visa issuance to the principal alien" from http://moscow.usembassy.gov/k2visas.html . I just really hope her son's visa's expiration is reason enough to get emergency advanced parole, I still may get a an immigration attorney involved if we don't get it after the future infopass appointment, will keep you posted..