AFTER K1 APPROVAL HOW LONG FOR ADVANCED PAROLE?

[MapleLeafBaby 1]

Anyone know how long it's taking to get advanced parole after you've been approved, gone over and filed after the marriage? Just curious, as I have custody arrangements with my ex... and i'm hoping to keep things 'happy and good' for everyone

My lawyer originally told me 6-8 weeks, but it appears on here, that it's taking longer? He also told me that in some circumstances, they make exceptions to have it fast tracked, for people such as myself, if I can produce a custodial agreement etc...

Any clues?

[MapleLeafBaby 1]

And... if I do get advanced parole, what passport do you travel with my Canadian one, or will I have to apply for a US one? So confusing Can they deny AP? And do some people actually wait 2 years before they can leave the country? Oh my... I will not have a happy ex

[JillA 2]

You can't apply for a US passport, unless you are a US citizen (naturalized). You would travel with your Canadian passport. Most people obtain AP before their conditional GC. Once you have your GC then you no longer need AP. You apply for Adjustment of Status/AP/EAD as soon as you are married if possible. Sooner the better! AP can take anywhere from 60+ days, I am on my approx. 65th day and not yet received AP approval. Sometimes it could take longer than that.

Edited March 3, 2009 by JillA

[MapleLeafBaby 1]

You can't apply for a US passport, unless you are a US citizen (naturalized). You would travel with your Canadian passport. Most people obtain AP before their conditional GC. Once you have your GC then you no longer need AP. You apply for Adjustment of Status/AP/EAD as soon as you are married if possible. Sooner the better! AP can take anywhere from 60+ days, I am on my approx. 65th day and not yet received AP approval. Sometimes it could take longer than that.

Thanks Jill

Ok, so let me understand this. I get married, then apply for advanced parole... what is AOS? is this the adjusted status? Is this what I am seeing take 6 months or so? So after the AP, will I be travelling with my conditional GC?

So confused

I just worry that one day i'll cross over to Canada and not be let back in lol!

[JillA 2]

You can't apply for a US passport, unless you are a US citizen (naturalized). You would travel with your Canadian passport. Most people obtain AP before their conditional GC. Once you have your GC then you no longer need AP. You apply for Adjustment of Status/AP/EAD as soon as you are married if possible. Sooner the better! AP can take anywhere from 60+ days, I am on my approx. 65th day and not yet received AP approval. Sometimes it could take longer than that.

Thanks Jill

Ok, so let me understand this. I get married, then apply for advanced parole... what is AOS? is this the adjusted status? Is this what I am seeing take 6 months or so? So after the AP, will I be travelling with my conditional GC?

So confused

I just worry that one day i'll cross over to Canada and not be let back in lol!

Yes isn't it confusing!! Most of us did it without a lawyer too, with VJ a lawyer isn't needed in my opinion! So what happens is you must get married within 90 days of your K-1 activation. As soon as possible, you apply for adjustment of status after the wedding (AOS). Along with AOS (it doesn't cost any extra if you apply at the same time) you apply for advance parole (AP) and your employment authorization document (EAD). AOS approval can take approx. 6 months, it all depends on if you get called for an interview OR if your case gets approved without another interview (many people get approved without a 2nd interview, it all depends). Therefore if it takes 6 months or so to get your green card (conditional 2 year card) in this time you're hopefully granted AP and EAD so you can travel and work in the meantime! Unfortunately it's just a waiting game and you can't be sure when you get approved. I am dying for my AP so I can make a visit home! Then after your 2 year conditional GC expires, you must remove conditions you then receive a 10 year GC and are a permanent resident of the USA.

I forgot to say.... I've never personally seen anyone denied AP, I'm sure it's happened but there probably has to be a good reason for it.

Edited March 4, 2009 by JillA

[Old Dominion 26]

After marriage, you apply for EAD (work permit), AP (advance parole) and AOS, green card. The EAD and AP will both take up to 90 days to receive. The AOS can take six to eight months after applying. Until you get the AOS (green card) the AP will enable you to return to the U.S. Until you are a citizen of the U.S., you are still a Canadian and must use the Canadian passport. The custody arrangement may require your ex to make arrangements to get the kids until you can cross the border and return without incident.

[Danu 19]

out of curiosity, the AP paperwork asks for approx date of travel....what if you are just applying so you will have it and have no idea about when you will travel...do you just make something up and put it in there? (like...put in a date a few months from when you are applying?)

[JillA 2]

out of curiosity, the AP paperwork asks for approx date of travel....what if you are just applying so you will have it and have no idea about when you will travel...do you just make something up and put it in there? (like...put in a date a few months from when you are applying?)

Yeah, it doesn't really make a difference. I put "2 weeks in March" and "1 week in September" and when it asks to explain I put "to visit family and friends and also in case of emergency"

[MapleLeafBaby 1]

If my son is applying with me under my K1 visa, do the same regulations not apply to him? For example, do we both not have to wait for AP before we can cross back to Canada? I would hate to allow my ex to take him back to Canada, only to find out that he cannot return