Traveling on advanced parole with EXPIRED K1 visa

[ljb73 2]

My husband and I are planning to go from Philadelphia to Madrid this summer to see his family. He has received his combo work authorization/advanced parole card, but is still very nervous about traveling outside the country during Christmas. His K1 expires in November, but since he has advanced parole, does that mean all will still be okay if we haven't gotten his green card by then? Should we just make sure to take his original I-94 for when he entered the states, along with the other AOS paperwork we do have with us?

He entered the states on June 3 and we got a receipt notice for the AOS on July 2. We are filing at the Philadelphia office, and I've seen it's taken people lately about 3 months to get a green card, but some people have been saying it takes 8 months due to the office moving? Does anyone have any wise words?

Also, sorry if this post is utterly similar to some others. I just wanted to clarify that his K1 will be expired by the time we travel.

Thanks everyone!

[lumia 1]

The basis of your Husband's re-entry is the Advance Parole.

K-1 is irrelevant and is not assumed to be, since USCIS knew that for most cases K-1 is used for one single entry anyway.

[kmiami15 8]

correct... and I always recommend to wait to have GC in hand before traveling.... I would only suggest traveling on AP if an emergency arises and the person MUST leave the country ..... other than that.. wait.... it can take between 3-6 months depending on location ...

the biggest part of the road is completed ... it is just a matter of completing the AOS... good luck!!!

[celeste15 2]

His K1 expires in November, but since he has advanced parole, ...

He entered the states on June 3 ...

FALSE, his K1 is no longer valid since he used it, the moment he enter the use he used up his one time K1 visa

[lumia 1]

OK, I retreat. K-1 is in fact a single-entry visa, even the foreign mission can issue a K-1 to the same person based on the same I-130 multiple times within the same 90-day period.

[KayDeeCee 4,896]

OK, I retreat. K-1 is in fact a single-entry visa, even the foreign mission can issue a K-1 to the same person based on the same I-130 multiple times within the same 90-day period.

An I-130 is not used for a K-1 visa. The foreign fiance(e) can apply for a K-1 visa based on an approved I-129F petition.

OP> The K-1 visa expiration does not matter. That expiration date was for how long the foreign fiance(e) had to use it to enter the US. Once they enter, it is null and void. Their status in the US is determined by the I-94 at that point. He filed for AOS pretty soon after entering the US, so the I-94 did not even expire before doing so. He is okay to use the AP if you want to travel and re-enter the US while waiting for the green card approval. Yes you can bring along a copy of your NOA receipt notice from filing for AOS, but it probably will not be needed. You may wish to check with the airline you will be flying on back to the US to make sure their workers know what the AP document or EAD/AP combo card is and how to handle it. That may save you from any delays. You can search here on VJ for 'experience with AP' and find reviews from those that have used it before.

~ Moved from AOS from Family Based to Working & Traveling During US Immigration ~

[Harpa Timsah 13,258]

correct... and I always recommend to wait to have GC in hand before traveling.... I would only suggest traveling on AP if an emergency arises and the person MUST leave the country ..... other than that.. wait.... it can take between 3-6 months depending on location ...

the biggest part of the road is completed ... it is just a matter of completing the AOS... good luck!!!

How can you "always recommend" something when you only filed your I-129F last month?

AP is not only for emergencies. Have fun on your trip, OP.

Edited September 25, 2013 by Harpa Timsah

[kmiami15 8]

How can you "always recommend" something when you only filed your I-129F last month?

AP is not only for emergencies. Have fun on your trip, OP.

Harpa, I can recommend because I had an AP.... that I just joined this forum a few days ago and filed an I129F "last month" doesn't mean that I do not have personal experience in regards to many processes with USCIS... for your information, I came from Cuba and had to file an I485, I765, I131 and an N400 .... it was not that easy.... when I arrived to this country and filed for green card, it took almost three years to receive it.. when I got it, the date on the card was the day it was approved, not the date I had arrived (since I am Cuban) – since you have experience here you should know that.... so I somehow managed to talk an officer live at TSC, back in the days, and she told me that I needed to send the card back to be fixed and re issued... I did so... guess what?? second time I got my card wrong as well... mind you, the months kept going by and I was 6 months away from applying for my citizenship and I called again and spoke to someone.... she told me that I already had a new card with the problem fixed that I was trying to get two green cards, I told her, excuse me?? If I still had the mistake, I would not be calling you.... so she was like okay, send us your arrival stamp on your passport along with the card and an explanation... in summary, I received my card (finally with the correct issue date) 6 months before applying for naturalization... guess who did all of that and had to go through the waiting, the paperwork??? Me! And mind you I was only about 18 years old…. This is just an example of what I have been thru among many other processes…. I have been a naturalized US citizen even before you filed AOS for your husband so I ask you to be respectful… we are all here to advise people and so I did….

[Harpa Timsah 13,258]

All right kmiami.

For K-1, and all normal immigration processes, AP is not only for emergencies. It is for whatever you want and routinely approved. Not a boogeyman.

[kmiami15 8]

I know that for a fact.... if you read my post again, it states that I would recommend to use it only for emergency purposes.... I never said it cannot be used for any other occasion.. just like the majority of the people on here, I recommended to wait for GC if possible rather than use the AP...

and I am done with this topic...

[Darnell 8,479]

OK, I retreat. K-1 is in fact a single-entry visa, even the foreign mission can issue a K-1 to the same person based on the same I-130 multiple times within the same 90-day period.

Uhm, no, Not for a K-1 visa holder. Why are you writing of I-130 ?

[Darnell 8,479]

1] My husband and I are planning to go from Philadelphia to Madrid this summer to see his family.

He has received his combo work authorization/advanced parole card, but is still very nervous about traveling outside the country during Christmas.

2] His K1 expires in November,

3] but since he has advanced parole, does that mean all will still be okay if we haven't gotten his green card by then?

4] Should we just make sure to take his original I-94 for when he entered the states, along with the other AOS paperwork we do have with us?

He entered the states on June 3 and we got a receipt notice for the AOS on July 2. We are filing at the Philadelphia office, and I've seen it's taken people lately about 3 months to get a green card, but some people have been saying it takes 8 months due to the office moving? Does anyone have any wise words?

Also, sorry if this post is utterly similar to some others. I just wanted to clarify that his K1 will be expired by the time we travel.

Thanks everyone!

1. Summer is over. what's up?

2. No, it was invalidated the day he arrived in the USA, at a POE. It's a single-use visa, he used it already. That expiration date was the last date he could enter the USA, that one time.

3. Absolutely !

4. Yes, but note the airline crew will take the original I-94. The rest of the AOS paperwork will be useless, but suggest to bring just the receipt notices, instead.

and finally -

his K-1 visa expired the day he first tripped into the CBP checkpoint at the POE. Well, ok, not expired, but actually invalidated. Relying on it for anything past the POE date is a really bad choice.

[KayDeeCee 4,896]

I know that for a fact.... if you read my post again, it states that I would recommend to use it only for emergency purposes.... I never said it cannot be used for any other occasion.. just like the majority of the people on here, I recommended to wait for GC if possible rather than use the AP...

and I am done with this topic...

Okay then, why? People use AP all the time with very little to no troubles at all. You are telling people they should wait for their green card unless they have an emergency, even though AP can be used for any reason they need or want to travel while waiting for their green card approval. Your story above about applying for a green card and dealing with the USCIS for a correction has nothing at all to do with AP or using it. Your opinion is not to use it for anything other than an emergency, so what is the basis for your opinion?

[kmiami15 8]

I am entitled to my opinion just like you and everyone else here... I had an AP so I have my own reasons for saying what I said... I was sharing my story in response to Harpa´s disrespectful way of approaching my post and telling me "How can you "always recommend" something when you only filed your I-129F last month?" which has no basis.... and, again, I am done with this topic....

[KayDeeCee 4,896]

So you had AP and have reasons for telling people not to use it unless they have an emergency but you have no intentions of sharing what your reasons are for your opinion on the matter. Gotcha.