Can I get an Emergency AP if I haven't filed for my marriage papers?

[Aquino 0]

hello everyone,

I am in a very tough situation and don't know what to do, any help is much appreciated!!

here is my situation: I came to the US on a student F1 visa in 2011 and met my girlfriend/wife whom I married early this year.

I am still on the f1 visa since I haven't filed for my marriage papers yet and to adjust my status BUT recently my family found out that my father has cancer and it's very I'll, and I want to go support him!!

I want to know if I can apply for the emergency AP in this present condition, I tried looking everywhere for a solution but so far couldn't find any! I really must go see my dad! I cannot stay here knowing he's going through so much, but I want to be able to come back to my wife

Is it possible to get an emergency ap in this kind of situation?

I thank you all the help in advance!

[Janelle2002 3,865]

I am truly sorry to hear about your father.

If you are still a F1 and on a student visa, why not go and talk to your International Scholar Services Officer at your school? They can tell you the best route to take.

Edited June 27, 2013 by Janelle2002

[Penguin_ie 5,996]

***** Moving from K1 to Travelling during US Immigration forum ****

You can only get AP based on your AOS if you actually filed AOS. How quickly do you need to go over there? If you can file AOS now, you could then make an infopass appointment and get emergency AP with a doctor's letter about your dad.

[Aquino 0]

Thank you for the replies!

Sorry but what is AOS?

if it is my marriage papers I haven't filed because my wife has not the sufficient amount of income required (she's short by 100 usd) so a lawyer I talked to told me I have to look for a sponsor, which will take me a while!

I wanna go see my father ASAP, before August

Can't I do an info pass appointment if I'm a student?

[Penguin_ie 5,996]

AOS stands for Adjustment of Status- ie the process to change from your F1 to a greencard.

You do not need an infopass appointment as a student. If you are still in good standing at your university, and will continue to study there, you can technically just leave and come back. The problem is that the F1 student visa is not for immigration, and you clearly intend to stay and AOS.

[Dave&Roza 748]

Thank you for the replies!

Sorry but what is AOS?

if it is my marriage papers I haven't filed because my wife has not the sufficient amount of income required (she's short by 100 usd) so a lawyer I talked to told me I have to look for a sponsor, which will take me a while!

I wanna go see my father ASAP, before August

Can't I do an info pass appointment if I'm a student?

She can use $300 worth of assets to make up the difference. Does she have more than $300 in a bank account that can be documented by the bank with a letter? IMHO, if you leave to see your Father and then use the student visa to re-enter the US, you would have to file a spousal visa in order to file your AOS. To do otherwise COULD be viewed as immigration fraud as you used a non-immigrant visa to gain entry to the US with the intent of filing for AOS to stay with your USC wife. Since you are a student you can have your wife file for the spousal visa and continue your studies in the US and then go home for the interview and receive the visa and then come back to the US.

Good luck,

Dave

[aaron2020 11,651]

To get AP, you must have filed to adjust your status. You cannot get AP as an F-1 student visa holder with nothing else. Marriage to a US citizen is not a reason to give you AP. You must file to adjust before you can get AP.

If you leave, you will most likely be denied entry back into the US. A F-1 student visa is a non-immigrant visa. You would be trying to enter with the intent to immigrate by adjusting your status.

At this point, you have no choice if you want to see your father and return to the US. You need to file to adjust and ask for emergency AP. if you don't file to adjust then you will need to make a choice - return home and wait for a spousal visa or remain in the US on your F-1 visa..

Edited June 29, 2013 by aaron2020