AP after K-1 Marriage?

[gracedmendola 0]

Hello All!

Trying to sort through the mess of AOS. Will be getting married in October in the States, fiance entering on K-1 visa, and then immediately applying for AOS and AP. Hope to leave the US for a few weeks in late December for a family wedding. Reading some rather scary things on the USCIS website, including:

Caution

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status. In general, individuals who seek immigrant status or who are already legal permanent residents, and who depart the United States without the appropriate documentation, may be inadmissible to the United States. In addition, their applications may be denied if they do not have the proper travel documents or if they are otherwise inadmissible.

An individual who has been admitted as a nonimmigrant and has applied to extend the period of authorized nonimmigrant stay, or to change to a different nonimmigrant status, abandons the application if the individual leaves the United States before USCIS makes a decision on the application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, these aliens are likely to be denied admission unless they have a new nonimmigrant visa from the U.S. Department of State that supports admitting them in the appropriate nonimmigrant category.

Questions:

1. It doesn't seem like most people on this site have a problem getting AP and using it...what's all this scariness above about?

2. Is using a lawyer recommended for this second stage of visa fun? Attempting the K-1 without one...

3. Do AP applications go through the federal or local district offices?

4. Probability of getting this issued in the Oct - Dec window?...

Thanks for all your help!

Grace

[Bobby+Umit 161]

Hello All!

Trying to sort through the mess of AOS. Will be getting married in October in the States, fiance entering on K-1 visa, and then immediately applying for AOS and AP. Hope to leave the US for a few weeks in late December for a family wedding. Reading some rather scary things on the USCIS website, including:

Caution

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status. In general, individuals who seek immigrant status or who are already legal permanent residents, and who depart the United States without the appropriate documentation, may be inadmissible to the United States. In addition, their applications may be denied if they do not have the proper travel documents or if they are otherwise inadmissible.

An individual who has been admitted as a nonimmigrant and has applied to extend the period of authorized nonimmigrant stay, or to change to a different nonimmigrant status, abandons the application if the individual leaves the United States before USCIS makes a decision on the application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, these aliens are likely to be denied admission unless they have a new nonimmigrant visa from the U.S. Department of State that supports admitting them in the appropriate nonimmigrant category.

Questions:

1. It doesn't seem like most people on this site have a problem getting AP and using it...what's all this scariness above about?

Because they want to let you know that the AP isn't a "get in the country free" card. You still have to meet the requirements to be re-admitted.

2. Is using a lawyer recommended for this second stage of visa fun? Attempting the K-1 without one...

I am not using one, a lot of people I know do not.

3. Do AP applications go through the federal or local district offices?

What do you mean?

4. Probability of getting this issued in the Oct - Dec window?...

Depends on how fast you put it in. 90 days is about the time frame.

Thanks for all your help!

Grace

[JERIII 8]

An individual who has been admitted as a nonimmigrant and has applied to extend the period of authorized nonimmigrant stay, or to change to a different nonimmigrant status, abandons the application if the individual leaves the United States before USCIS makes a decision on the application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application.

This is a good example of how carefully you need to read immigration information.

This is NOT about adjustment of status to permanent resident. Permanent residents are immigrants. This is about extension of non-immigrant visas and about changing from one nonimmigrant status to another.

When you apply for a change in a non-immigrant visa, you cannot leave the country.