advance parole

[angelwithoutwings 0]

Hi Guys..once again I need your help..here's the scenario: once I have my visa we are going to fly to Guam to get married..my fiance is working in Japan in an AP address..works for the College of Navy..our plan is that after getting married in Guam he will include me in his orders in Japan..we are just not sure how it will work or if it's possible..but according to him it is..I just want to ask more suggestion from you guys on what to do? he has a contract in Japan for a year that's why we want to finished his contract before moving to US..any help would be appreciated..also can u give us any timframe how long it will take to process this? thank u so much..

[TracyTN 237]

Moved from K1 progress forum to AOS forum.

[TracyTN 237]

Once you arrive on your K1 visa and you marry, you will apply for adjustment of status, part of which is advanced parole (as you may well know). Do NOT leave the US (or Guam) without having the advanced parole document in your hand. Otherwise, you'll have to start the entire visa process again which I know you would not want to do.

If you knew that you'd have to leave Guam for a year or more after arriving there, then I'm not sure the K1 was the best visa to obtain. An immigrant visa would likely have been wiser - no need for advance parole or the entire adjustment process. As it is now, you will have to have biometrics done and possibly an interview for adjustment of status. How you can do both from Japan is beyond me.

[angelwithoutwings 0]

Once you arrive on your K1 visa and you marry, you will apply for adjustment of status, part of which is advanced parole (as you may well know). Do NOT leave the US (or Guam) without having the advanced parole document in your hand. Otherwise, you'll have to start the entire visa process again which I know you would not want to do.

If you knew that you'd have to leave Guam for a year or more after arriving there, then I'm not sure the K1 was the best visa to obtain. An immigrant visa would likely have been wiser - no need for advance parole or the entire adjustment process. As it is now, you will have to have biometrics done and possibly an interview for adjustment of status. How you can do both from Japan is beyond me.

My fiance chose Guam as POE because it's closer to the Phils. and Japan..but we're not planning to stay there for more than a month as soon as we're married we are leaving Guam and probably will go back to the Phils. or if we can go to Japan immediately..depends on the situation

[TracyTN 237]

Still, you'll need AP to leave no matter what your destination outside the US will be - and you'll still have to figure out how to get biometrics done for your green card, as well as interview for the green card (if applicable) from outside the US.

[belinda63 3,038]

Think you might want to reconsider your plans. Once you marry you cannot leave the US until you receive Advance Parole. Also you will have to be in the US for your biometrics (roughly two months after you apply) and for the interview.

[angelwithoutwings 0]

Think you might want to reconsider your plans. Once you marry you cannot leave the US until you receive Advance Parole. Also you will have to be in the US for your biometrics (roughly two months after you apply) and for the interview.

My fiance said that he will include me in his military orders for me to be able to live in japan with him..is there no exception or law for that? wow I thought it would be easy but guess not..thank you for sharing this information I'll cascade this to him later..in other words I really need to stay in Guam for two mos.?

[angelwithoutwings 0]

Still, you'll need AP to leave no matter what your destination outside the US will be - and you'll still have to figure out how to get biometrics done for your green card, as well as interview for the green card (if applicable) from outside the US.

Sir even though his address in Japan is an APO address still it's not considered a US address? or even if he includes me in his order..? he said his boss married a Taiwanese and was able to bring her to Japan..

[Got Charmed 0]

Is he military or a DOD Contractor in Japan?

Sir even though his address in Japan is an APO address still it's not considered a US address? or even if he includes me in his order..? he said his boss married a Taiwanese and was able to bring her to Japan..

[angelwithoutwings 0]

Is he military or a DOD Contractor in Japan?

before he used to..what's a DOD?

[TracyTN 237]

Sir even though his address in Japan is an APO address still it's not considered a US address? or even if he includes me in his order..? he said his boss married a Taiwanese and was able to bring her to Japan..

I'm not a sir, I'm a ma'am.

It doesn't matter a hoot what his address is really. What matters is the visa type you were issued and the rules that govern that visa and it's subsequent adjustment of status from a K1 holder to a green card holder.

The K1 rules clearly state that when the K1 is issued, the alien has 6 months in which to enter the US (or a territory) on that visa, get married within 90 days and apply for adjustment of status. Until advanced parole is received, K1 holders should NOT leave the US (or a territory). Pretty simple actually.

What his boss did is irrelevant - his wife may have received a different visa than you, which means the rules would be different.

You can receive emergency advanced parole, but you would still have to return to the US (or Guam) for the subsequent biometrics appointment and possible interview. I would call the military helpline as was suggested above. Frankly I'm not sure how you overcome this, but perhaps they will have an idea.

And by the way, DOD = Department of Defense.

[angelwithoutwings 0]

I'm not a sir, I'm a ma'am.

It doesn't matter a hoot what his address is really. What matters is the visa type you were issued and the rules that govern that visa and it's subsequent adjustment of status from a K1 holder to a green card holder.

The K1 rules clearly state that when the K1 is issued, the alien has 6 months in which to enter the US (or a territory) on that visa, get married within 90 days and apply for adjustment of status. Until advanced parole is received, K1 holders should NOT leave the US (or a territory). Pretty simple actually.

What his boss did is irrelevant - his wife may have received a different visa than you, which means the rules would be different.

You can receive emergency advanced parole, but you would still have to return to the US (or Guam) for the subsequent biometrics appointment and possible interview. I would call the military helpline as was suggested above. Frankly I'm not sure how you overcome this, but perhaps they will have an idea.

And by the way, DOD = Department of Defense.

Hi thank you so much.. and I'm sorry for calling you Sir..normally petitioners are guys.. but thank u so much from the bottom of my heart..I guess we just need to hope that the emergency advanced parole will work for us..but at least I have a better picture now of the situation..I dont know if K1 was the best visa but I guess we need to make the most out of this visa..we spent and work a lot just to get this visa anyway..thanks again and God speed..

[SuperDuper! 230]

Hi thank you so much.. and I'm sorry for calling you Sir..normally petitioners are guys.. but thank u so much from the bottom of my heart..I guess we just need to hope that the emergency advanced parole will work for us..but at least I have a better picture now of the situation..I dont know if K1 was the best visa but I guess we need to make the most out of this visa..we spent and work a lot just to get this visa anyway..thanks again and God speed..

And the dilemma with the AP is that if you are out of the US when your AOS interview is scheduled, you will have to change your travel plans and return to the US at the cost of stress, hassle and expense.

It's almost like AP really doesnt help, unless you have a true emergency, and then it's good to have ready in your back pocket for that.

I think I will have mahal wait for the GC to be issued B4 first return trip home.

Edited March 8, 2010 by Hopp

[TracyTN 237]

Hi thank you so much.. and I'm sorry for calling you Sir..normally petitioners are guys..

They are?? Okay...! LOL

Good luck with the emergency AP.

[angelwithoutwings 0]

<!--quoteo(post=3778939:date=Mar 8 2010, 05:04 PM:name=angelwithoutwings)--><div class='quotetop'>QUOTE (angelwithoutwings @ Mar 8 2010, 05:04 PM) <a href="index.php?act=findpost&pid=3778939"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->Hi thank you so much.. and I'm sorry for calling you Sir..normally petitioners are guys.. <img src="http://www.visajourney.com/forums/public/style_emoticons/<#EMO_DIR#>/biggrin.gif" style="vertical-align:middle" emoid="" border="0" alt="biggrin.gif" /><!--QuoteEnd--></div><!--QuoteEEnd-->

They are?? Okay...! LOL

Good luck with the emergency AP.

thank you so much..I have my visa now and hopefully this advance parole wont be too hard for us to get..