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NYC-KK

Emergency AP appointment at New York City Field Office

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Filed: K-1 Visa Country: Thailand
Timeline

We have an appointment next Monday, April 19, at the New York City Field Office, to ask for Emergency Advance Parole so that my wife can travel back to Thailand on or around May 5 for her sister's wedding. Since we plan to spend the summer in Thailand together anyway, we decided that it would be best for her to remain there until August 31 when we would return to New York together. However, if she cannot complete biometrics before she leaves on May 5, she would not be able to do so until September if we follow this plan. Could that be a problem? Also, her current passport has her maiden name on it. Does she need to receive a new passport with her married name in order to travel? Are there any other related issues that I have not considered?

Edited by NYC-KK

Ron

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We have an appointment next Monday, April 19, at the New York City Field Office, to ask for Emergency Advance Parole so that my wife can travel back to Thailand on or around May 5 for her sister's wedding. Since we plan to spend the summer in Thailand together anyway, we decided that it would be best for her to remain there until August 31 when we would return to New York together. However, if she cannot complete biometrics before she leaves on May 5, she would not be able to do so until September if we follow this plan. Could that be a problem? Also, her current passport has her maiden name on it. Does she need to receive a new passport with her married name in order to travel? Are there any other related issues that I have not considered?

Well - you can certainly try for the emergency issue for the AP - however, your reason may not be good enough for this - they may tell you to wait for the AP you sent with your AOS to process.

Did you apply for the EAD/AP with your AOS application?

If you cannot do your biometrics before you go, you would have to re-schedule it, if you don't - your out of luck. I would suggest you wait till the greencard is in hand before doing anything extended like leaving for 5 months.

At your infopass - you can ask for more information on the bio's.

When you travel, the plane tickets need to in the name on your travel documents, in this case, the passport and the AP. What name will be on the AP? If they are different, you may have issues.

The recommendation is to change the passport to the current legal name she is using, to avoid issues.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Timeline

As Bobby says, they may or may not grant the emergency AP but it doesn't hurt to try. Hopefully, you applied for it when you applied for the AOS. I believe there is an additional fee if you did not. I'm going to transfer your thread to the Travel forum (from the AOS forum) so you can get more current and specific advice as it has been a number of years since I applied for emergency AP.

A number of us took our biometrics appointment letter to the biometrics office and requested they accept a walk-in. If they are not busy they will take her.

I travel all the time with my passport in my former name and my GC in my married name. (All tickets go in passport name.) Never once had a problem. But it's always good to carry a copy of your marriage certificate just in case.

iagree.gif
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Filed: K-1 Visa Country: Thailand
Timeline

Thank you very much. Thanks for pointing out that we should buy her plane ticket in her passport name. I was not sure what do to about that. But I know that the airlines insist that the names must be consistent. Also, thanks for the advice about doing a walk-in biometrics. This might become necessary. Our NOA1 came in the mail last Monday, April 5, so I hope the biometrics appointment will come before the end of this month. Nevertheless, we will probably need the walk-in service, since the appointment, itself, is likely to be after May 5, which is her target date for leaving the country. Thanks for moving this thread and I appreciate any additional comments from you and others.

Ron

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