Advanced Parole

[GregBu 1]

Ok, I have a question, not sure what we need to do.

My wife and I are waiting for the NOA2, currently scheduled for early April.

If all goes well, before the end of August, she should be here in the U.S. with her Conditional Permanent Residence Card (Temporary Green Card, we've been married under 2 years).

On September 25th we're scheduled to take a cruise to Bermuda, leaving from New Jersey, and coming back 5 days later.

Would we need an AP form? Does anyone see a problem with my timeline? Am I not considering something? If, for some reason, she still hasn't gotten through her Interview, she still should be able to "visit" the U.S. in order to take the trip, right?

[sdw 10]

No because she will have her green card. AP is for people that are adjusting status.

[Hugglebuggles 60]

If she has a Green Card then she doesn't need an AP document to reenter the US, so no worries there. If you don't have the visa by the time of your trip then I don't see why she couldn't go, as long as she has evidence of ties to Canada to present if asked when crossing into the US.

[Wyatt's Torch 45]

Someone else can correct me if I'm wrong on this, but she'll still have to re-enter the U.S. on the return from Bermuda on her Canadian Passport. I don't believe a Green Card is sufficient for re-entry into the U.S.

As for AP though, nope -- like the others have stated, she'll be a PR.

[Kathryn41 3,205]

Someone else can correct me if I'm wrong on this, but she'll still have to re-enter the U.S. on the return from Bermuda on her Canadian Passport. I don't believe a Green Card is sufficient for re-entry into the U.S.

As for AP though, nope -- like the others have stated, she'll be a PR.

Yes, she will still be using her Canadian passport to travel, but a green card is sufficient for her to re-enter the US. She will actually be using both. You may wish to ask for the I-551 stamp in her passport when she enters at the border as it can sometimes take a few weeks for the actual green card to arrive in the mail. If she is entering in August and you are going to Bermuda in September she may not have the physical card in time. Advise the border of your travel plans when she crosses and it shouldn't be a problem. If the border does not want to issue her the stamp in her passport saying the green card should arrive soon, and you are getting close to travel time without the arrival of the green card, you can also make an INFOPASS appointment at your local USCIS office and they can put the I-551 stamp in her passport. (The I-551 stamp is the green card stamp).

The I-131 (AP) is only used for travelling if she doesn't have a green card - or as a special travel document if she is going to be out of the US more than a year.

If for whatever reason she has not yet been approved for the CR-1, she should be able to travel as a visitor to the US bringing proof of her ties to Canada and her travel plans for Bermuda. Strong proof of her ties in that case would include copies of the CR-1 visa file showing she is just waiting for her interview in Canada - a very good reason to go back!

Edited February 11, 2010 by Kathryn41

[Marilyn. 340]

i am pretty sure they always give you the I-551 stamp when you enter on a CR1 visa... i don't think you have to ask for it...

this stamp essentially works the same as a green card and should be good enough for traveling out of the country..

Edited February 11, 2010 by Marilyn.

[OBX 51]

i am pretty sure they always give you the I-551 stamp when you enter on a CR1 visa... i don't think you have to ask for it...

this stamp essentially works the same as a green card and should be good enough for traveling out of the country..

I thought it was standard as well. I always thought that was one of the benefit of the CR1/IR1; being able to travel freely once your visa is processed at the POE. Was there a time when they did not stamp the passports and filers had to wait for the actual green card?

[Wyatt's Torch 45]

I thought it was standard as well. I always thought that was one of the benefit of the CR1/IR1; being able to travel freely once your visa is processed at the POE. Was there a time when they did not stamp the passports and filers had to wait for the actual green card?

I think Kathryn was just indicating that if they accidentally forget to do it at the border, which is always a possibility. CR-1 visas aren't altogether common at POEs, and it's probably one of the only visas (if not THE only) that gives you Permanent Resident status upon entry. The stamp probably gets pretty dusty in some POE offices!