K1 - Is Advance Parole required?

[Narikta 7]

I'm a little confused whether I am required to apply for Advance Parole. My hubby's family is planning on a family reunion, potentially outside the US. I entered on a K1, we were married nearly 2 months ago and my AOS/EAD will be processed well before then. I'm not sure I need to apply for an Advance Parole for this (or any other reason)? I've seen some sites that say K3 is exempt, but nothing about K1, and others that say K visas in general are exempt as the AOS/EAD acts in place of an Advance Parole. I'm not sure what is correct.

Any help you could offer would be greatly appreciated

K

[KLS2010 30]

There are only two ways that someone that entered the US on a K1 can re-enter - that is either with a GC or with AP.

AOS/EAD doesn't not act in place of having AP. (I believe you could have applied for AP at the same time as you filed your AOS/EAD).

When is the reunion planned for? I would want to make absolutely sure that you will get your GC by the time you need to travel (keep in mind all the new EAD applications that USCIS is being flooded with due to certain illegal immigrants being granted the ability to apply for EADs - this may or may not have an impact on how long your case will take to be processed).

[F & J 21]

I'm a little confused whether I am required to apply for Advance Parole. My hubby's family is planning on a family reunion, potentially outside the US. I entered on a K1, we were married nearly 2 months ago and my AOS/EAD will be processed well before then. I'm not sure I need to apply for an Advance Parole for this (or any other reason)? I've seen some sites that say K3 is exempt, but nothing about K1, and others that say K visas in general are exempt as the AOS/EAD acts in place of an Advance Parole. I'm not sure what is correct.

Any help you could offer would be greatly appreciated

K

If you plan on traveling outside of the U.S. while your AOS is pending, you should also apply for Advance Parole (AP). Since there is no definite date for AOS approval, you should just go ahead and file the AP concurrently with your AOS to be safe. You cannot reenter the U.S. with just your EAD. The EAD is just authorization to work in the U.S. - it is not a visa or proof of permanent residency. If you entered the U.S. on a K-1 visa and subsequently married your USC petitioner, the only time you can leave and re-enter the U.S. without AP is if you already have your GC.

[Harpa Timsah 13,258]

AP is free, so it is best to apply for it. I have seen too many cases where an emergency happened at home and the person had no AP (but would have had it if they had applied). Have you applied for AOS already?