Advance Parole with k-1 visa

[mike777 0]

Hi, question, I live near the Canadian border and so does my fiance, which is how we met :-)

We are planning on getting married in CA and then filing I-130 as we live so close to each other, we can go back and forth and visit. But she was recently told her that we should file for K-1 Visa with advance parole. And that advance parole isn't hard to get...we also made a previous infopass appt with the regional office here and they said that its hard to get...we have to show some solid proof. Makes sense

What my questions are, what ar emergency reason why she should get that... we plan on living here and she works in Canada. So she wants to be able to drive back and forth everyday to work, will a letter stating that shes currently employed where she is with a letterhead and in good standing be sufficient? And when she goes back to Canada or back into US, what if she just wants to go visit friends? Plus we go to the same church in Canada, so is having a advance parole stamp enabling us to travel anytime we wish? Or will they press us making sure that it's only meant for when shes going to work?

Or is this more for 1 shot deal situations, like death in family. I read another post on here and it seems easy to get, but the woman at the office said it wasn't...

We're planning on doing this with civil marriage here just to shave like 4 months off of the I-130 process. What if they reject out parole request, what do we do then... we'd want to go back to our original option, which is file for I-130. We can't afford to have her stuck here for months without traveling back and forth. I can't keep her here like a prisoner, we want to be able to see her family, friends, go to church and she needs to work. She has a good job there.

and if this is a workable option, I make my infopass appt after I receive my first NOA receipt? Thanks.

[YuAndDan 153]

K-1 is for entry to the USA and marriage, after marriage it can take up to 90 days to get the AP doc for general use. AP can be issued by the field office for emergency reasons such as a death in the family.

Your best option is to marry first and apply for the CR-1 visa, this visa tends to take 2 months or so longer to get than a K-1, the CR-1 gets a GREEN-CARD upon entry, this allows travel and work in the USA.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-1:

I-129F: $455

Consulate: $131

Adjustment Of Status: $1010 I-485

($1596)

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

One last note, a green-card is for residency in the USA, it can be considered to be abandonment of the green-card if you use it like a permanent visa and continue working in foreign country and using it to return to USA, this is what a border crossing card is for.

Edited April 5, 2009 by YuAndDan

[Gary and Alla 3,694]

Hi, question, I live near the Canadian border and so does my fiance, which is how we met :-)

We are planning on getting married in CA and then filing I-130 as we live so close to each other, we can go back and forth and visit. But she was recently told her that we should file for K-1 Visa with advance parole. And that advance parole isn't hard to get...we also made a previous infopass appt with the regional office here and they said that its hard to get...we have to show some solid proof. Makes sense

What my questions are, what ar emergency reason why she should get that... we plan on living here and she works in Canada. So she wants to be able to drive back and forth everyday to work, will a letter stating that shes currently employed where she is with a letterhead and in good standing be sufficient? And when she goes back to Canada or back into US, what if she just wants to go visit friends? Plus we go to the same church in Canada, so is having a advance parole stamp enabling us to travel anytime we wish? Or will they press us making sure that it's only meant for when shes going to work?

Or is this more for 1 shot deal situations, like death in family. I read another post on here and it seems easy to get, but the woman at the office said it wasn't...

We're planning on doing this with civil marriage here just to shave like 4 months off of the I-130 process. What if they reject out parole request, what do we do then... we'd want to go back to our original option, which is file for I-130. We can't afford to have her stuck here for months without traveling back and forth. I can't keep her here like a prisoner, we want to be able to see her family, friends, go to church and she needs to work. She has a good job there.

and if this is a workable option, I make my infopass appt after I receive my first NOA receipt? Thanks.

The AP is not particulary hard to get, but not necessarliy "advanced" We applied for the AP at the same time as AOS and got the green card approval first. Also the AP is a document to return to the USA, it is not an admission into any other country. We also live 6 miles from Canada. We had our green card approval but not our green card. Two days fater the green card approval the AP shows up and we jump in the car to go to Montreal. No luck. Turned back at the border as my wife is Ukrainian and had no visa to be allowed into Canada. Fortunately it was a waste of only 10 minutes on our part. Your fiancee, being a Canadian citizen, that is another matter. Of course she would be allowed into Canada. Typically, at least we did, get two APs. More than enough considering we got the green card just a few days later.

You cannot apply for the AP until she has arrived in the USA with her K-1 visa. If you file for it in advance of the AOS it will cost you $340. If filed with the AOS it will be free. If you get married quickly and file AOS there is no reason to file the AP separately. I do not know if they will make an exception for cross-border working.

They will NOT make an exception because she wants to visit her family.

[rebeccajo 14]

We need Canadians on this thread who have had similar situations.

Any other answers are pretty much moot.

[payxibka 10,045]

We need Canadians on this thread who have had similar situations.

Any other answers are pretty much moot.

If that is what will do the best, then move it to the Canadian forum (you have the power) where it will be viewed by a lot more Canadians....

[rebeccajo 14]

We need Canadians on this thread who have had similar situations.

Any other answers are pretty much moot.

If that is what will do the best, then move it to the Canadian forum (you have the power) where it will be viewed by a lot more Canadians....

Nope.

Questions like this are good in this forum as well. That way everybody can learn. Canadians will find there way to the question.

[pushbrk 12,877]

K1 and advance parole is a poor solution for a border town couple when the Canadian works in Canada every day. Entry and exit is at the discretion of the CBP, who can prohibit US entry on the basis of the absence of AP after entry on the K1 visa. I wouldn't take the chance. Either spouse visa route allows multiple entry once issued but the CR1 would be my choice in your situation. Chances are, she can continue to enter an exit just as she does now, throughout the actual visa process. If Western Canada, you might give serious consideration to K3 instead of CR1 but really, as long as she can continue regular crossings, I'd stick with the CR1.

[SapphireDreams 71]

The K1 Visa is a 1 time use visa, so once she enters into the US and activates the visa, she would have to remain in the US until she received AP - which takes anywhere from 60-90 days once you file. She is also not work authorized, so she wouldn't be able to work.

That would not work in your situation since she has a job in Canada.

Your best and really only option here is to file for the CR1 visa - which would give her multiple entry back and forth. She would have to remaing LIVING in Canada until approved... but visits are completely okay.

CR1 visas take anywhere from 9-14 months and the visa interview would take place in Montreal regardless of where you live in Canada.

At the top of the page, if you go to Guides, and click CR1 you will find more information.

[Krikit 1,164]

Don't go for the K-1!!! It's a terrible visa with far too many restrictions.

One last note, a green-card is for residency in the USA, it can be considered to be abandonment of the green-card if you use it like a permanent visa and continue working in foreign country and using it to return to USA, this is what a border crossing card is for.

Sorry, but this is so wrong. There are tons of Canadians doing exactly this, as well as the other way around. It isn't considered abandonment.

[Craneman 2]

K-1 is for entry to the USA and marriage, after marriage it can take up to 90 days to get the AP doc for general use. AP can be issued by the field office for emergency reasons such as a death in the family.

Your best option is to marry first and apply for the CR-1 visa, this visa tends to take 2 months or so longer to get than a K-1, the CR-1 gets a GREEN-CARD upon entry, this allows travel and work in the USA.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-1:

I-129F: $455

Consulate: $131

Adjustment Of Status: $1010 I-485

($1596)

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

One last note, a green-card is for residency in the USA, it can be considered to be abandonment of the green-card if you use it like a permanent visa and continue working in foreign country and using it to return to USA, this is what a border crossing card is for.

It will take longer than 90 days for advanced parole, it took us over 90 days and the intervention of ours Senators office to get ours.

[SapphireDreams 71]

^^ 90 days is an average. It's by no means a guarantee.