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janda

advance parole while outside the US?

By janda in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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janda Apprentice

janda   0

Posted
Filed: K-1 Visa Country: South Korea
 Timeline
Posted

OK, so I've been reading over and over the instructions on the I-131 form, and I still don't understand one part. Lemme give a brief background on the scenario.

So my spouse really needs to get back to the motherland in January becuase a sibling is getting married, and we're about to send in the AOS along with the EAD and AP docs in a couple days. We're really really worried that she won't get her AP in time to go however.

So while filling in the info for Part 7 of the I-131 form, I noticed that you can send the travel document outside the US to a US embassy. Has anyone tried this? Does this apply to us even???

Does anyone know what would happen if she leaves BEFORE getting her AP? She won't be able to get back in? Isn't the travel document/AP just a piece of paper? What if she gets it at our US address and I mail it to her. Any problems with that?

Janda

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boboroad Enthusiast

boboroad   0

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Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

SHe could be denied re-entry, been there done that, and it stinks, because then everyhting she has applied for is concidered abanded. But your petetions are still good. Is that clear as mud.

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shoe Enthusiast

shoe   0

Posted
Filed: AOS (apr) Timeline
Posted

The AP would only be valid if the date for when she left the country is after the AP was approved dont u think!!!!! .Not the opposite !!!! Is she here legally or is she an overstay?? What is her status here??? If she is an overstay the AP is not a guarantee that she can get back in even if they approve it.Pls be very cautious. I know a wedding is an important occasion but would be worth being barred from the country ?????

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Cassie Mentor

Cassie   8

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted
OK, so I've been reading over and over the instructions on the I-131 form, and I still don't understand one part. Lemme give a brief background on the scenario.

So my spouse really needs to get back to the motherland in January becuase a sibling is getting married, and we're about to send in the AOS along with the EAD and AP docs in a couple days. We're really really worried that she won't get her AP in time to go however.

So while filling in the info for Part 7 of the I-131 form, I noticed that you can send the travel document outside the US to a US embassy. Has anyone tried this? Does this apply to us even???

Does anyone know what would happen if she leaves BEFORE getting her AP? She won't be able to get back in? Isn't the travel document/AP just a piece of paper? What if she gets it at our US address and I mail it to her. Any problems with that?

Janda

The ability to send in the document to a US embassy overseas only applies to certain key situations -- your spouse who is already in the US through a fiance visa and now married to you is not one of them. Sorry!

If she leaves before receiving her AP, and doesn't have her AP in hand when re-entering the USA, she WILL NOT BE ALLOWED BACK INTO THE US. Can't stress that enough. Her passport and status will be examined thoroughly at US Customs, and if everything is not in order, she will be turned around and sent back to her home country. What happens if her AP documents don't come to your address before she plans to come home? what then? And what if in mailing them to her they get lost in the mail? Oh, and what if they discover that she was already out of the country before her AP was officially approved? Not good.

Why risk it?

*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

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Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

If she leaves the US before she has AP in hand she will be abandoning her AOS.... The removal of her I-94 card will trigger this....

She will have to wait for the AP before she departs the US.... If she has any overstay issues then she should not use AP at all...

Kezzie

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Cassie Mentor

Cassie   8

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted
If she leaves the US before she has AP in hand she will be abandoning her AOS.... The removal of her I-94 card will trigger this....

She will have to wait for the AP before she departs the US.... If she has any overstay issues then she should not use AP at all...

Kezzie

forgot about that part :yes:

*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

Jan 27, 2014 NOA received and cheque cashed

Feb 13, 2014 Biometrics scheduled

Nov 7, 2014 NOA received and interview scheduled


MAY IS NATIONAL STROKE AWARENESS MONTH
Educate Yourself on the Warning Signs of Stroke -- talk to me, I am a survivor!

"Life is as the little shadow that runs across the grass and loses itself in the sunset" ---Crowfoot

The true measure of a society is how those who have treat those who don't.

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kitkat1 Experienced

kitkat1   5

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

If she was here on a K1 and does not have AP before she leaves, she will not be able to get back into the country. Then you would have to file an I-130 for her and wait for approval and interview. Not worth it to attend a wedding IMO.

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

You can schedule an Info Pass appointment at your local USCIS office, and bring a completed I-131 and explain your situation. I would do this a few weeks before the trip, perhaps in December, give it a few more weeks to see if you get AP in the mail.

Here is a thread I read on another board about visiting the USCIS office for this document.

http://candleforlove.com/forums/index.php?showtopic=20409

Good luck!

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janda Apprentice

janda   0

Posted
Filed: K-1 Visa Country: South Korea
 Timeline
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Posted

Thanks for all the replies. Hey, I don't want her to risk it, but I guess it's really important to her. Thanks for the tip YuandDan. That's the backup plan. If she doesn't get the AP before the wedding, we'll try to infopass it and try. I just hope they don't want me to pay the processing fee AGAIN!!!

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