After marriage, when can she return...

[Miami_Mike 0]

I saw there is a parole period after marriage where the non-USC cannot leave the United States. Is that period the same for all or does it vary country-to-country?

[The Molinas 0]

i heard about it too... but nobody culd answer me how long the alien fiance cant leave the country...

[joeyjoey 1]

Leaving the US is not the problem. It's trying to come back! After marriage, the non-US citizen is here on a Conditional basis, even though you are married. In order to leave the US and return without incident, the non-US citizen needs to apply for "Advanced Parole". It's a fancy word that means you gotta get permission first so you can be admitted back into the US. I think the form is I-131. Once you receive approval, you can travel and return without worry.

[luv2teach77 41]

The parole period you are talking about lasts either until your Fiance(e) has been granted an advance parole document (normally applied for at the same time as AOS) or they receive their conditional residency card (aka being granted the 2 year green card at the end of the AOS process). AP could take 3-4 months frm the date of applying, AOS might take 2 or 3 months beyond that.

Until your Fiance(e) is in possession of one of those documents, while they will have no problem leaving the US, on re-entry to the US they will almost certainly be denied entry as leaving before one of these documents is granted would be considered abandonment of the AOS application and would require another visa to be applied for from the start.

Emergency Advance Parole is available at shorter notice in the event that your fiance(e) needs to return home because of a family emergency but proof, for example a doctors note, will be required before emergency AP is approved.

The parole period has NOTHING to do with the country your Fiance(e) is from.

Hope thats answered your question.

Mark

Edited July 12, 2006 by luv2teach77

[Yodrak 7]

joeyjoey,

Advance[no 'd'] parole is a very simple term means exactly what it says - it must be obtained in advance and it allows one to be paroled - not admitted - into the USA.

And there can be 'indidents' - receiving the document does not guarantee parole.

Yodrak

Leaving the US is not the problem. It's trying to come back! After marriage, the non-US citizen is here on a Conditional basis, even though you are married. In order to leave the US and return without incident, the non-US citizen needs to apply for "Advanced Parole". It's a fancy word that means you gotta get permission first so you can be admitted back into the US. I think the form is I-131. Once you receive approval, you can travel and return without worry.

Edited July 12, 2006 by Yodrak

[JC75 0]

And there can be 'indidents' - receiving the document does not guarantee parole.

Ok so let me get this straight because I will prob have to apply for this to travel to Ireland and Australia.....so they can actually deny entry back even if you have this AP?

[Yodrak 7]

JC,

Yes. Just as they can deny entry if you have a visa. Do something that makes you inadmissable and you won't be allowed in.

One thing that some people overlook, even though it's written on the AP document, is that if one has accrued sufficient out-of-status time to incurr a bar they will be barred when they try to come back.

Yodrak

And there can be 'indidents' - receiving the document does not guarantee parole.

Ok so let me get this straight because I will prob have to apply for this to travel to Ireland and Australia.....so they can actually deny entry back even if you have this AP?

[JC75 0]

TY Yodrak!

Ok well that's another head fry in this whole process....damn.

Thanks hun!

[Miami_Mike 0]

JC,

Yes. Just as they can deny entry if you have a visa. Do something that makes you inadmissable and you won't be allowed in.

One thing that some people overlook, even though it's written on the AP document, is that if one has accrued sufficient out-of-status time to incurr a bar they will be barred when they try to come back.

Yodrak

And there can be 'indidents' - receiving the document does not guarantee parole.

Ok so let me get this straight because I will prob have to apply for this to travel to Ireland and Australia.....so they can actually deny entry back even if you have this AP?

Ooooooh, so if she stayed out of the country for a really extended period of time or actually did something (criminal activity or whatever) they would not let her back in. In her case, neither would happen. I'm sure she would just like to see her family after a few months. I'm sure she'll have some homesickness and I would like to be able to accomodate that. Is there any other reason they woiuld not let her back in?

[Yodrak 7]

Miami_Mike,

Where did "if she stayed out of the country for a really extended period of time" come from?

Yodrak

JC,

Yes. Just as they can deny entry if you have a visa. Do something that makes you inadmissable and you won't be allowed in.

One thing that some people overlook, even though it's written on the AP document, is that if one has accrued sufficient out-of-status time to incurr a bar they will be barred when they try to come back.

Yodrak

And there can be 'indidents' - receiving the document does not guarantee parole.

Ok so let me get this straight because I will prob have to apply for this to travel to Ireland and Australia.....so they can actually deny entry back even if you have this AP?

Ooooooh, so if she stayed out of the country for a really extended period of time or actually did something (criminal activity or whatever) they would not let her back in. In her case, neither would happen. I'm sure she would just like to see her family after a few months. I'm sure she'll have some homesickness and I would like to be able to accomodate that. Is there any other reason they woiuld not let her back in?

[Miami_Mike 0]

Oops, I mistook out-of-status for out-of-country. I must have been reading too fast. My bad. What would out-of-status be? Would that mean the visa expired without applying for a change of status?

[Yodrak 7]

Miami_Mike,

No. It would mean the I-94 expired without applying for adjustment of status. (I don't know if applying for a change of status is possible from a K visa.)

Yodrak

Oops, I mistook out-of-status for out-of-country. I must have been reading too fast. My bad. What would out-of-status be? Would that mean the visa expired without applying for a change of status?

[Miami_Mike 0]

Oops again! Geez, I am such a NooB. I meant to say adjustment of status

I did a search of I-94 but I couldn't find anything. What is a I-94?

I did a search of I-94 but I couldn't find anything. What is a I-94?

[Yodrak 7]

Miami_Mike,

You're kidding, right? Arrival/Departure Record

Yodrak

....

I did a search of I-94 but I couldn't find anything. What is a I-94?

Edited July 13, 2006 by Yodrak

[UkraineLovin' 0]

okay, this may be a stupid question, but what about traveling outside the country AFTER receiving your AOS? i always thought that once you got it, you were free to leave and come back. but, i was told by someone that there's still is a waiting period even after my husband gets his greencard. now i'm confused (which is pretty easy to do to me w/ this damn process!). so, who is right??