Emergency Return to Canada before AOS

[VanessaTony 3,567]

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.

Just a correction here. There is no fee to expedite the AP/get emergency AP. At least not that I have ever seen, and not reported by the one person I know personally who had to apply for emergency AP.

[VanessaTony 3,567]

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.

I too have an elderly parent (my father was 90 when I left). Unfortunately I too had to think about all this. What would I do? Could I live with myself if I didn't go back? Could I handle starting the whole process over again? Would my family be disappointed in me? I had a long talk with my family about it. I did eventually come to the decision that I wouldn't return without AP. I said goodbye to dad when I left knowing it might be the last time I would see him.

What I'm trying to say is HOPE for the best but prepare for the worst.

[Kathryn41 3,205]

Just a correction here. There is no fee to expedite the AP/get emergency AP. At least not that I have ever seen, and not reported by the one person I know personally who had to apply for emergency AP.

Hmm, I will look it up but I am pretty sure I have read that if you require an expedited emergency AP you need to pay the AP fee as it is considered additional processing that is required on a different time frame than the regular AP would be. I'll check into that and find out. I am pretty sure I have read of other VJers who have been in that situation and had to pay for the expedited emergency AP.

[dukeandduchess 141]

Sorry to hear about your mother.

I was thinking, what if you and your fiance get married (legally) and file for AOS and AP (emergency AP if need be) and plan for your "big" wedding as usual? I know my fiance and I are worried about money and want me to be able to get a job ASAP so we're getting legally married once I get there and then we will have a bigger wedding later on.

That way you don't have to feel like you "rushed" your wedding, but can take your time planning an enjoyable event but still able to go visit your mother if necessary?

It may not be your ideal decision, but probably the best one given the circumstances.

(big hugs)

Oops I didn't read that you already decided to get married on friday... Good luck!

[Stuart and Thea 95]

I hope that this is just an exercise for you Frostiana, and that you don't even need to know the answers. I hope that your Mom is perfectly fine. You're lucky that you're so close, my Mom and Dad live just 5 minutes from us right now, and it will be really hard leaving them.

The person that posted that they might be saying goodbye forever when they go brought tears to my eyes. We're so lucky here in Canada, our flights and trains and buses are soooo much cheaper and easier in a pinch than people that need to fly to other continents. I think it rather is likely that a lot of people DO say goodbye forever when they go.

[Krikit 1,165]

Hmm, I will look it up but I am pretty sure I have read that if you require an expedited emergency AP you need to pay the AP fee as it is considered additional processing that is required on a different time frame than the regular AP would be. I'll check into that and find out. I am pretty sure I have read of other VJers who have been in that situation and had to pay for the expedited emergency AP.

The fee is included in the cost if it was applied for at time of the AOS submission. If it was not applied for with the adjustment of status then there is an additional processing fee. Last I heard it was something like $110-$130?

[frostiana 12]

I hope that this is just an exercise for you Frostiana, and that you don't even need to know the answers. I hope that your Mom is perfectly fine. You're lucky that you're so close, my Mom and Dad live just 5 minutes from us right now, and it will be really hard leaving them.

The person that posted that they might be saying goodbye forever when they go brought tears to my eyes. We're so lucky here in Canada, our flights and trains and buses are soooo much cheaper and easier in a pinch than people that need to fly to other continents. I think it rather is likely that a lot of people DO say goodbye forever when they go.

Gosh so many answers!!! Yes My mother is Fine at the moment although she is fragile and had two heart events already and has a pacemaker. I did find out what I needed to find out.. and our wedding is day after tomorrow. It's good and we are happy to be having it and it's all coming together with friends at my fiance's church. Thank you so much for the answers. I call my mom all the time which really is no different than when I lived 10 miles away!

But the thought of her coming here was the most out there.... she doesn't like to go out at all and loves to stay in house! She doesn't have a driver's licence or a passport! LOL But my sister and brother live right nearby and tons of grandkids too. Thanks so much for the input.. I'm working away at the aos documents and plan to mail them early next week. I was really researching in case something happen so I didn't have to spend more time researching in a time crunch. Thanks!

[VanessaTony 3,567]

The fee is included in the cost if it was applied for at time of the AOS submission. If it was not applied for with the adjustment of status then there is an additional processing fee. Last I heard it was something like $110-$130?

No it's not. You can file for AP after AOS (before the GC is issued) by sending the NOA1 to get the fee waived.