Emergency departure

[Tomj 0]

Was wondering if any one can help answer this question: My fiance entered the U.s about 3 weeks back under K-1 .(Well aware of the 90 day rule ) An adjustment of status can not be done (in my case only )until after the registration and not b4 the end of the year due to the 2012 tax year being incomplete and although my 2 year previous tax years are good, the third is insufficient to qualify therefore we have to wait.

So with that said, my fiance's parent has suffered a severe stroke and is in I.C.U back home and she would like to go back for a visit . What if any procedure is available for her to leave under K-1 as its only a 1 entry type visa ?

Thanks for any advise.

[Inky 1,111]

She can leave but she will not be allowed back because you have not filed the AOS with advanced parole to leave the USA before the green card arrives.

You will have to file a spousal visa for her after she leaves if she wants to leave right now.

[Pitaya 2,577]

Contact your local USCIS office.

Here is some info from the guide on the subject.

AP info

Help continue making this site a great source of information...... .

Good luck.

[baron555 934]

Was wondering if any one can help answer this question: My fiance entered the U.s about 3 weeks back under K-1 .(Well aware of the 90 day rule ) An adjustment of status can not be done (in my case only )until after the registration and not b4 the end of the year due to the 2012 tax year being incomplete and although my 2 year previous tax years are good, the third is insufficient to qualify therefore we have to wait.

So with that said, my fiance's parent has suffered a severe stroke and is in I.C.U back home and she would like to go back for a visit . What if any procedure is available for her to leave under K-1 as its only a 1 entry type visa ?

Thanks for any advise.

She can file for the AP separately.....and pay the fee for that.....since you are unable to include it with a 485 filing. Get cracking on the AP.

[ceadsearc 516]

If she leaves she abandons the process. You will have to start over filing for a CR-1 and wait another 7-9 months with her out of the country.

I am not sure if it is possible to get AP approved prior to filing for AOS, but without filing for AOS she will lapse into an overstay and may not be allowed back in even with AP. Plus AP takes about 2 months to be approved. An expedite may be possible but even that would take a couple weeks.

If your tax returns do not prove sufficient income but you now make enough you can still file. Include the past several months of pay stubs along with a letter of employment stating your salary. You say you are waiting for 2012 taxes - do you mean 2011? 2011 taxes can be filed now. 2012 won't be filed for another year and your spouse will be long out of status by then.