AoS question

[Ken Noland 0]

I have a conference I have to go to in Canada, but according to the schedule we have, Isa may still be in the AoS stage of the visa. Would that prevent her from being able to come with me?

[jb_vj 5]

If she has her advance parole approved, then it should not be a problem.

I have a conference I have to go to in Canada, but according to the schedule we have, Isa may still be in the AoS stage of the visa. Would that prevent her from being able to come with me?

[Ken Noland 0]

If she has her advance parole approved, then it should not be a problem.

I have a conference I have to go to in Canada, but according to the schedule we have, Isa may still be in the AoS stage of the visa. Would that prevent her from being able to come with me?

What's advance parole? As far as I understand it, the AoS section is where she's been granted the K1 and now is waiting on adjustment of status after we get married. At that point we file for the paperwork(I485, I864, etc...), but as far as I know she's not allowed to leave the country until this stuff is approved... is this correct?

[Ken Noland 0]

ah ha... now I see

http://www.uscis.gov/files/form/I-131.pdf

[Kathryn41 3,205]

One of the applications you will file along with the I-485 Adjustment of Status application is the I-131 form - a request for Advance Parole. It is included in the same fee as the AOS and applied for at the same time. This document - which is usually approved within 90 days - allows the applicant to leave the country AND return - be 'paroled' back - to the US while waiting for the AOS to be adjudicated. Whether she receives it in time for your conference would be the concern. If she does not have either the AP (Advance Parole) or her greencard then no, she could not leave the country. If she has either of these, then she is good to go AND return. (The problem isn't in leaving the US - it is in being allowed to return). The sooner your file for the AOS after your marriage, the sooner she will receive the AP and the greencard.

Edited February 24, 2009 by Kathryn41

[Gary and Alla 3,694]

If she has her advance parole approved, then it should not be a problem.

I have a conference I have to go to in Canada, but according to the schedule we have, Isa may still be in the AoS stage of the visa. Would that prevent her from being able to come with me?

Just remember the AP is not an admission to another country it is to return to the USA. My wife was denied permission into Canada until she had her green card, but she is Ukrainian. I beleive Canada may have a VWP similar to ours for citizens of Germany. If she has an AP it will not be a problem to re-enter the USA. If she does not have an AP or green card she should not leave the country

[defunct 0]

I beleive Canada may have a VWP similar to ours for citizens of Germany.

Correct. She can enter Canada with a German passport without having to apply for a Tourist Visa.

[Ban Hammer 13,343]

moved from K-1 Fiance(e) Visa Process & Procedures General Discussion to Working & Traveling prior to getting a Green Card

[Ken Noland 0]

Thanks Charles! Sorry to post in the wrong forum...

Okay, so it sounds like it's not likely that she'll be able to leave the country for some time after she arrives from Germany. I'll have to tell her the bad news