Emergency Return to Canada before AOS

[frostiana 12]

Hello, I am now in Michigan and only 50 miles from my town in Canada. I have an 88 year old mother back there, and am contantly worried about being able to get there in an emergency before I get my advanced parole. I know there is a way to get an Emergency advanced parole (which still takes a day or two) but my question is this: If I have am not yet married and have not submitted the AOS papers, would I still apply for an Emergency advanced parole or just some other sort of compassionate permission?

Anyone with experiience in this? I know I'm a worryer, but I'd rather have some information now than start researching if an emergency arises. One thing I know is not to leave the country without some kind of permission from someone.

Further I feel badly that we are rushing the wedding just so I can obtain these papers.

Thanks anyone...

[bigdog 376]

If you abandon your K! and return that is the end, I would file your AOS, EAD AP and put a cover letter and or see and attorney. I don't know much about stopping or withdrawing and starting over. Maybe another member has first hand informaition on this.

[Inky 1,110]

There is no emergency AP unless you applied for AOS.

If you did not marry and left the USA then that is the end of your K-1 and your journey.

You would have to apply for a new K-1 or get married and wait while applying for a CR-1.

This is why most people choose to marry right after entry and file ASAP.

[NigeriaorBust 4,087]

If a true emergency happens take the notice from your filing and make an info pass appointment. They should be able to give you a stamp in your passport or papers to allow you to travel. If they don't show an appointment at your local office and it is a true emergency just show up. But don't sweat it , your mother will be fine.

Don't forget proof that it is really an emergency

Edited November 13, 2011 by NigeriaorBust

[Enigma11561 336]

You arrived here on a K1 on Nov 10. That visa is expired. You cannot apply for an advanced parole document until you get married. I think I am correct in saying that. After marriage you can apply for your AOS, and AP, and also for an emergency AP if necessary.

I assume you were worried about your mom long before you filed the K1 and will be long after. Did you not consider all this before? Is she sick, disabled, or just elderly? Does she has friends and other family members there in the event she needs some assistance? I know you worry, but learn to worry when its time to worry and not before. You will drive yourself crazy.

My wife's mom is also elderly, has Parkinson's disease and other medical problems. She lives alone with the closet relative 12 hours away by train. If my wife had to go home it would be several days, at the least, just to get a plane schedule, and thousands of dollars, and a 15 hour trip. Consider this when you say you live only 50 miles away. We all have family that we love.

[Udella&Wiz 325]

Hello, I am now in Michigan and only 50 miles from my town in Canada. I have an 88 year old mother back there, and am contantly worried about being able to get there in an emergency before I get my advanced parole. I know there is a way to get an Emergency advanced parole (which still takes a day or two) but my question is this: If I have am not yet married and have not submitted the AOS papers, would I still apply for an Emergency advanced parole or just some other sort of compassionate permission?

Anyone with experiience in this? I know I'm a worryer, but I'd rather have some information now than start researching if an emergency arises. One thing I know is not to leave the country without some kind of permission from someone.

Further I feel badly that we are rushing the wedding just so I can obtain these papers.

Thanks anyone...

You don't mention whether there is any immediate threat of your mother falling ill or is this worrying about'what could happen'? I ask because perhaps it will put things into perspective a bit. We did have someone here who had an emergency after they'd applied for AOS but didn't have their AP yet...I cannot remember their name, but hopefully they'll speak up about their experience.

You could potentially have a civil ceremony so you can get the AOS ball rolling and that might put your mind at ease....don't tell anyone in the family and continue planning the bigger wedding event. AP and EAD are a few months away even if you filed today, biometrics have to be done etc etc...

Good luck

[Udella&Wiz 325]

You arrived here on a K1 on Nov 10. That visa is expired. You cannot apply for an advanced parole document until you get married. I think I am correct in saying that. After marriage you can apply for your AOS, and AP, and also for an emergency AP if necessary.

I assume you were worried about your mom long before you filed the K1 and will be long after. Did you not consider all this before? Is she sick, disabled, or just elderly? Does she has friends and other family members there in the event she needs some assistance? I know you worry, but learn to worry when its time to worry and not before. You will drive yourself crazy.

My wife's mom is also elderly, has Parkinson's disease and other medical problems. She lives alone with the closet relative 12 hours away by train. If my wife had to go home it would be several days, at the least, just to get a plane schedule, and thousands of dollars, and a 15 hour trip. Consider this when you say you live only 50 miles away. We all have family that we love.

Not the most compassionate response - the OP was not comparing her situation to anyone else's.....I believe it's difficult for everyone on VJ and we should all remember it and be kind. Her 50 miles = your 15 hr trip.

[Enigma11561 336]

Did not mean to be rude. Sorry.

[Kathryn41 3,205]

I had the same concerns when I moved to the US on my K-1. I had lost my mother very suddenly just after we sent in the I-129f and so I knew things could change quickly. I knew that if something happened to my Dad after I had entered the US and before I received my AP or green card that I would have a difficult choice to make - to abandon my current situation in the US and return to Canada, knowing that we would have to start the whole immigration process all over again from the beginning, or not go to Canada and hope that the emergency would pass without serious consequences. I was fortunate in that I didn't have to make the choice - and I honestly don't know what choice I would have made.

If you have an emergency back home with your elderly mother and need to leave before the AP or the green card arrive you will have to start the immigration process all over again with a CR-1 visa or another K-1 visa, depending on if you are married already or not. The only possible exception I have ever seen - and it is only a possibility, not a definite - is when someone has had to leave quickly, unmarried, and within the 90 days of the I-94 validity. Some who have done this have been successful in making another appointment at the issuing consulate and going in person to get the K-1 re-validated. They still have to be back in the US and married within the same original 90 day window - the only thing that changed is they were given permission to re-enter on the K-1. It is totally up to the issuing Consulate if they will even consider this option and I definitely would not hold out much hope of it being allowed, just that it might be possible under certain situations. The current situation of trying to get an appointment at the Montreal Consulate in enough time to re-validate a K-1 in this situation, however, is extremely unlikely.

So, the best advice that has been offered is to get married by a civil service right away and file asap for the AOS, AP and EAD. Once the AOS and AP applications have been received by USCIS, you can then go and request an emergency issuance of the AP due to the family emergency. You would need to bring documented proof of the emergency (letter from Doctor/hospital) and you would have to pay the AP fee (which is not charged if you waited for the normal processing time). That can be done fairly quickly but the AP application has to be in place already in order for an Emergency AP to be issued. You could then proceed with your public wedding just altering it enough to allow for the fact that you are already married and won't need to sign any documentation at that time.

Hopefully your mother will be fine and you won't have to deal with any emergencies.

(You could ask your mother to come and visit with you in the US until you get your AP as well, so she will be with you if anything happens - but that too has a lot of problems involved).

Edited November 13, 2011 by Kathryn41

[pocheros 101]

Before anyone else accuses Frostiana of not thinking this through I want to mention that unfortunately she had a badly informed lawyer that advised her to get a fiancee visa instead of a CR1 which would have allowed her to travel freely. It's really rude to accuse someone of not considering the consequences that go along with moving to a new country, especially when they have family to think about. If you don't find a website like Visa Journey to help you out the process can be very convoluted and confusing. Even so a lot of people don't want to leave their family/home/job to be with someone but they still do and it's not a decision that's made lightly. Everyone goes through this difficulty.

I would say your best bet is to get legally married ASAP and then do AOS. You don't have to have a wedding to get married of course- you just sign some papers, it takes like an hour to do. You don't have to tell anyone and you can always chose to celebrate your anniversary at a later date- it doesn't matter what the marriage certificate says, except for legal matters of course. My husband and I decided to do this because we got married the day before my birthday so I could take care of some business, but we're choosing to celebrate our anniversary on a different day.

Edited November 13, 2011 by pocheros

[Brother Hesekiel 2,236]

Life is all about choices. You are mentally exploring an "if-then-what scenario.

If if happens, you'll have to figure out the what. Cross that bridge when you'll get there. If you'll get there. If there's even a bridge.

But what would you do if the U.S. would attack Canada, claiming they have weapons of mass destruction?

[frostiana 12]

Before anyone else accuses Frostiana of not thinking this through I want to mention that unfortunately she had a badly informed lawyer that advised her to get a fiancee visa instead of a CR1 which would have allowed her to travel freely. It's really rude to accuse someone of not considering the consequences that go along with moving to a new country, especially when they have family to think about. If you don't find a website like Visa Journey to help you out the process can be very convoluted and confusing. Even so a lot of people don't want to leave their family/home/job to be with someone but they still do and it's not a decision that's made lightly. Everyone goes through this difficulty.

I would say your best bet is to get legally married ASAP and then do AOS. You don't have to have a wedding to get married of course- you just sign some papers, it takes like an hour to do. You don't have to tell anyone and you can always chose to celebrate your anniversary at a later date- it doesn't matter what the marriage certificate says, except for legal matters of course. My husband and I decided to do this because we got married the day before my birthday so I could take care of some business, but we're choosing to celebrate our anniversary on a different day.

THank you .... you were all amazing. I get chills at the emotional and informative responses I can get from questions on this site, I truly do. After this wide range of replies from a lot of people, I am going to go through with our public wedding this week at the church.. the pastor has agreed to do it on Fridiay.. and whomever can come, can come!! It will be just enough time for me to get a few papers in order first and start working on the AOS.

Thank you all.

[SapphireDreams 71]

Sounds like a good plan Frostiana. Hopefully you won't have to look much further into this, but having the AOS underway will make things a lot easier.

[Flames9_RN 358]

Hoping for the best. Its good that you are planning, as they say fail to plan----plan to fail. Best of luck

[Udella&Wiz 325]

THank you .... you were all amazing. I get chills at the emotional and informative responses I can get from questions on this site, I truly do. After this wide range of replies from a lot of people, I am going to go through with our public wedding this week at the church.. the pastor has agreed to do it on Fridiay.. and whomever can come, can come!! It will be just enough time for me to get a few papers in order first and start working on the AOS.

Thank you all.

I hope all goes well for you, and quickly! A year from now you'll look back and shake your head and laugh