Advance Parole

[dlroadwarrior 0]

My fiance is currently working with an E-1 visa and under E-1 status in the U.S. We want to get married ASAP and before our Christmas vacation we want to apply for Adjustment of Status to Green Card. In other words, start the Green Card process before we leave for vacation.

Does she need Advanced Parole authorization to travel home to Germany for personal (Christmas) vacation and return to her same job under E-1 status and with her E-1 visa?

Thank you in advance and hopefully someone has had a similar situation!

[Nik+Heather 121]

I think you should get the AP - filed concurrently with the AOS. What if your fiancee looses her job (and therefore E-1 status?) before you go? I'm sorry I'm just not very familiar with E-1 visas to give you a more specific answer than that.

The way things are going now, if you apply in August, you may have the green card itself before you go!

[dlroadwarrior 0]

I think you should get the AP - filed concurrently with the AOS. What if your fiancee looses her job (and therefore E-1 status?) before you go? I'm sorry I'm just not very familiar with E-1 visas to give you a more specific answer than that.

The way things are going now, if you apply in August, you may have the green card itself before you go!

Thanks, I do agree with you about submitting the AOS and AP concurrently, but we need a marriage certificate to file for AOS. In California, it could take 8 weeks to get that back which puts us in the beginning of OCT. We are worried it could take the full three months to get the AP and now she can't travel and the money on the plane ticket is a loss. Obviously, not what we would like to see happen.

We are also trying to figure out, can she request Advance Parole under E-1 Status instead because we can do that now even though it would cost $305 to file for AP?

Thanks again and I'll keep trying to search through the forum for similar E-1 situations.

[Nik+Heather 121]

I think you should get the AP - filed concurrently with the AOS. What if your fiancee looses her job (and therefore E-1 status?) before you go? I'm sorry I'm just not very familiar with E-1 visas to give you a more specific answer than that.

The way things are going now, if you apply in August, you may have the green card itself before you go!

Thanks, I do agree with you about submitting the AOS and AP concurrently, but we need a marriage certificate to file for AOS. In California, it could take 8 weeks to get that back which puts us in the beginning of OCT. We are worried it could take the full three months to get the AP and now she can't travel and the money on the plane ticket is a loss. Obviously, not what we would like to see happen.

We are also trying to figure out, can she request Advance Parole under E-1 Status instead because we can do that now even though it would cost $305 to file for AP?

Thanks again and I'll keep trying to search through the forum for similar E-1 situations.

Sounds like a prioritization issue to me. Get married somewhere where they issue the certs faster? Have you checked out Vegas etc? Many states do not require you to be a resident to get married there.

[dlroadwarrior 0]

Funny you mention that because we bought plane tickets to Vegas last night! It only takes 10 working days via mail to get a marriage certificate back from Vegas. Thanks again!

[minnew 4]

I am not familiar with E-1 status visas either. I will say that if you decide to get married and file AOS, then in most cases you will lose your E-1 status if you leave the country, and not be able to enter the country with E-1 and having filed an Adjustment of Status. At least that is my understanding when it comes to F-1 (student visa) or VWP. If you leave without the AP with having filed an AOS based on marriage then your AOS will be considered abandoned and you will have to file for a spousal visa (K-3 or CR-1) to enter with the intent to immigrate.