K-1 Advanced parole

[Ruemonst 0]

Hi,

So after 6 years my fiancee and her son were to arrive in the

U.S. July 4.

She had a letter from the father allowing their son to immigrate

to the U.S. All the while my fiancee was suing for full custody

and child support. The father broke into her apartment and stole

the letter.

The father never shows up in court, so her attorney says that

she will be granted custody at the next hearing. Unfortunately

the hearing was cancelled and rescheduled.

Now my fiancee will come here alone and we will marry. She will

be here with me until Aug 29. Then she must return to Russia for court and to

be with her child. Her son does not speak English and will be starting school

this year. We feel it would be in his best interests to finish his first year

of school in Russia. We plan for her to return with her son Nov 21. Then return

to Russia Jan 5. They will come back during the summer, where he will have time to

learn English.

Finally my questions.

What exactly will we need to do for her to be able to leave and return

with her son.

Will her son (k-2) need advanced parole?

Does her son need to be present for AOS interview?

Thanks,

Ed

[Harpa Timsah 13,258]

I'm sorry for your troubles. There seems to be a few problems with your plan. First, The K-1 is a one-time use visa. Once it is used, you must marry AND file AOS and with that application, there is an application for a temporary travel permission called Advance Parole (AP). AP takes about 3 months to be approved. Even if you marry very quickly and file for AOS the same day, you will probably not be able to make a Aug 29 deadline for AP, since you say she is arriving July 4. Second, the son will also need AP, so you will not meet a deadline of Jan 5 from Nov 21. The third problem I see is that both the mother and the child will need to be present in the event of an AOS interview, and they are planning to be abroad for the majority of the time their AOS's are pending.

[JimVaPhuong 4,863]

I agree with Harpa. She's not going to get advance parole in time to return to Russia in August.

Was the K2 visa already issued?

Both visas, K1 and K2, are good for one entry into the US only. However, the visas are usually valid for six months, so that one entry can usually be postponed until it's convenient to enter and STAY in the US long enough to marry, apply for the green card and advance parole, and get the advance parole approved.

Even with advance parole, she doesn't want to be outside the US for an extended period of time. If you end up being scheduled for a green card interview then she must not miss it. If the K1 is scheduled for a green card interview then the K2 is also usually scheduled for an interview on the same day. They may schedule these for consecutive times, but they usually combine them into one interview once you arrive at the USCIS field office.

You need to look at the windows of time you have to work with as far as immigration is concerned, and schedule your time around it.

[Athena13 10]

Regarding the 'not enough time to get AP', how about on the AP form, it asks you if you wanna receive it OUTSIDE USA? see attachment pic.

She can enter USA on K1, get married asap, file for AOS and AP, then leave for Russia and get AP in Russia. But im not sure about AOS interview time part.

[Harpa Timsah 13,258]

Regarding the 'not enough time to get AP', how about on the AP form, it asks you if you wanna receive it OUTSIDE USA? see attachment pic.

She can enter USA on K1, get married asap, file for AOS and AP, then leave for Russia and get AP in Russia. But im not sure about AOS interview time part.

NO!!! If the applicant leaves before the AOS is approved, then the I-485 will be deemed ABANDONED and she will be stuck outside the US and need to start all over with a spousal visa (lose the fees for AOS and pay more $$ for a new visa). The note on the form is for a Re-entry permit, not Advance Parole. On the I-485 instructions, it says,

Edited June 27, 2012 by Harpa Timsah

[grrrrreat 109]

Regarding the 'not enough time to get AP', how about on the AP form, it asks you if you wanna receive it OUTSIDE USA? see attachment pic.

She can enter USA on K1, get married asap, file for AOS and AP, then leave for Russia and get AP in Russia. But im not sure about AOS interview time part.

Adjustment applicants have to be in the U.S. until they get advance parole. There are a few other categories of people who can get AP abroad, but not adjustment applicants.

[Athena13 10]

oh ok, i didn't know, only saw those items on the AP form.