Is Advanced Parole Still Necessary?

[moleary 2]

Hi, I didn't want to hijack someone else's thread with this question so I started a new one.

I have copied this directly from the Ciudad Juarez website. http://ciudadjuarez.usconsulate.gov/k_step5.html

It is Step 5 - After Receiving Your Visa. My question is this... Given bullet points 3 and especially 4, does this mean that you don't have to file for Advanced Parole for traveling in and out of the U.S., and that it is automatically granted when you enter on a K1? It certainly looks like it implies exactly that, but my gut tells me that this is misleading and the true situation is exactly NOT that.

Thanks,

Michael

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K-1 (Fiancé) and K-3 (Spouse) Visas

Steps to Obtaining a K Visa

Step 5: After You Receive Your Visa

* You will receive your visa and a sealed packet from the courier service. Your visa will be affixed inside your Mexican passport. You must carefully read the information contained both on the visa itself and in the cover letter stapled to the sealed packet. Make sure this information is correct; if it is not, contact the Consulate immediately.

DO NOT OPEN THE SEALED VISA PACKET. YOU MUST CARRY IT UNOPENED TO AN IMMIGRATION OFFICER AT A PORT-OF-ENTRY.

* Once you have received your immigrant visa, please note the expiration date. You must enter the United States within the timeframe specified on the visa to obtain a legal permanent resident (LPR) or “green” card (Form I-151 or I-551) that will allow you to live and work in the United States.

* At the port-of-entry, a U.S. Customs and Border Protection official will stamp your passport and make a notation that you are registered for a long-term permanent resident (LPR) card. You will have an opportunity at the port-of-entry to confirm the mailing address where you would like to receive your LPR card.

* It may take several months for U.S. Citizenship and Immigration Services (USCIS) to process and send the LPR card to you. In the interim, the passport stamp, valid for 6 months, permits employment and travel as you await your LPR card. You may depart and return to the U.S. before you receive your LPR card, as long as the stamp in your passport has not expired. Should the stamp expire and you have still not received your LPR card, you should contact USCIS in the U.S. before departure to obtain permission to return to the U.S.

* After arriving in the U.S., you have the option of returning to the Consulate or filing with USCIS in the United States for an adjustment of status to an immediate relative (IR) visa. K-1/K-2 applicants should file to adjust status after they are married.

* More detailed information about the K-1/K-2 fiancé application process.

More detailed information about the K-3/K-4 spouse application process.

During the entire visa application and interview process you must tell the truth and give complete and accurate information. If you do not, your visa will be delayed or you may be found ineligible for a visa.

Go Back to Step 4

Go Back to K-1 (Fiancé) and K-3 (Spouse) Visas

[Darnell 8,478]

this is wrong info:

* At the port-of-entry, a U.S. Customs and Border Protection official will stamp your passport and make a notation that you are registered for a long-term permanent resident (LPR) card. You will have an opportunity at the port-of-entry to confirm the mailing address where you would like to receive your LPR card.

* It may take several months for U.S. Citizenship and Immigration Services (USCIS) to process and send the LPR card to you. In the interim, the passport stamp, valid for 6 months, permits employment and travel as you await your LPR card. You may depart and return to the U.S. before you receive your LPR card, as long as the stamp in your passport has not expired. Should the stamp expire and you have still not received your LPR card, you should contact USCIS in the U.S. before departure to obtain permission to return to the U.S.

There is NO LPR CARD issued for a K-1 Visa Holder, based solely on coming INTO the USA. Mexican Nationals have no special 'hook' on this, either.

One MUST FILE the AOS package, I-485 (plus other forms), after marriage to USC petitioner, to be eligible to RECEIVE your LPR card.

FWIW, this is a glaring ERROR on an Embassy WebSite.

Edited June 10, 2010 by Darnell

[JimVaPhuong 4,863]

There are so many mistakes on that page that I don't know where to begin.

Once you have received your immigrant visa, please note the expiration date.

Wrong! K visas are not "immigrant" visas.

You must enter the United States within the timeframe specified on the visa to obtain a legal permanent resident (LPR) or “green” card (Form I-151 or I-551) that will allow you to live and work in the United States.

Entering within the timeframe specified on the visa has nothing to do with eligibility to receive a green card. If you don't enter before the visa expires then you won't be allowed into the country.

At the port-of-entry, a U.S. Customs and Border Protection official will stamp your passport and make a notation that you are registered for a long-term permanent resident (LPR) card. You will have an opportunity at the port-of-entry to confirm the mailing address where you would like to receive your LPR card.

No, and No. They will put no such stamp or notation in your passport. They'll stamp your I-94 with a 90 day validity, and staple it into your passport. There will be nothing even remotely related to a green card entered into the passport.

It may take several months for U.S. Citizenship and Immigration Services (USCIS) to process and send the LPR card to you. In the interim, the passport stamp, valid for 6 months, permits employment and travel as you await your LPR card. You may depart and return to the U.S. before you receive your LPR card, as long as the stamp in your passport has not expired. Should the stamp expire and you have still not received your LPR card, you should contact USCIS in the U.S. before departure to obtain permission to return to the U.S.

There will be no such stamp in your passport, valid for 6 months or otherwise. A K3 visa will allow you to leave and re-enter the US for 2 years. A K1 visa will allow you to enter one time only. There will be no stamp or anything else inserted into the passport that will allow you to come and go for six months. There will be no automatic processing of the green card. A K1 has to marry first to become eligible to adjust status. Both K1 and K3 must file to adjust status after arriving in the US.

After arriving in the U.S., you have the option of returning to the Consulate or filing with USCIS in the United States for an adjustment of status to an immediate relative (IR) visa. K-1/K-2 applicants should file to adjust status after they are married.

Partially true. I don't know why they mention returning to the consulate, though. I have no clue what this is supposed to accomplish. A K1 has the option of marrying and filing to adjust status, or leaving the US. A K3 has the option of filing to adjust status, or leaving the US. YOU DO NOT ADJUST STATUS TO AN IR VISA! What the hell are they talking about?

[Darnell 8,478]

Jim - I think a summer intern working at State.Gov web services has made a mistake.

I hope that's all it is.

[Bernie C 24]

That is FUBAR.

Yes you will need advanced parole after entering the US on a K-1 and before receiving your green card.

A K-1 is good for 1 entry. The I-94 is good for 90 days (don't leave the country even if they give you a multiple entry I-94).

Get married and file AOS, AP, EAD. Once you get AP you can travel but be careful how long you leave for.

[moleary 2]

See, I just had a gut feeling about that. Well, actually if flew in the face of everything I had understood up to this point, but I don't have the experience yet to authoritatively comment. It is amazing how any of the information can be trusted. Can't anyone be expected to fix this?

I appreciate the clarification on the right process.

Michael