Questions on Advanced Parole and other options for leaving country

[smarie 0]

Hi,

I am hoping people on here could help me answer some questions:

I am a US citizen. My fiance was just granted a K1 visa from the Nairobi consulate (yay!!!) Now, we do not know where in the world we will be living, as I am likely to gain employment in another country very soon (currently we both reside in Kenya). It is likely I may continue to work in Kenya or another country in the near future (perhaps in the next year), but we got the visa anyway so that he can at least come back with me when I go home in April or May, and it is also possible that I will stay there--and in that case get married and apply for AOS etc.

My question is:

Scenario 1: We enter the US with the K1 visa, we marry and I end up getting a job out of the country, before he receives he green card--I presume he can apply for the advanced parole together with the I-485, BUT how long is the AP valid for? If the green card arrives while we are both abroad, can we just have it mailed to us and use it? What would happen to the biometrics appointments and stuff? Basically--how long is an AP valid for, is it valid up until the time the green card is received, or does it expire after a certain amount of time?

Scenario 2: We enter the US with a K1 visa, and end up not marrying for whatever reason (timing, family issues, any other reason), how likely is it that he will be approved for another K1 if we begin the process again? (keeping in mind that he did NOT overstay his time in the US and left within the 90 day period)?

Thanks so much for all your help!

[Ilovemyman 147]

If you both are living at the same country, why applyvfor a k1?

If you applied for a k1 it was because you thought to live at usa no abroad.

[TBoneTX 46,448]

*** One post has been removed for being less positive than the follow-up post. ***

(Moderator hat off)

Scenario 1: There are residency requirements that apply until U.S. citizenship is achieved; otherwise, either green card can be revoked. Being granted AP is no guarantee of being granted entry to the U.S. upon its attempted use. The beneficiary's presence in the U.S. is required for biometrics appointments. AP can be for "one-time" or "multiple" use. It's not recommended that a green card ever be mailed overseas -- there's too great a risk that it can be lost. Scenario 1 is not an option.

Scenario 2: All things being equal, the chances of a second approval are pretty good. Just be sure to notify USCIS and the Nairobi embassy that the beneficiary is leaving the U.S. within the 90 days, and that further progress through the immigration system won't be pursued at this time. Save concrete evidence that the beneficiary has left the U.S.

[smarie 0]

If you both are living at the same country, why applyvfor a k1?

If you applied for a k1 it was because you thought to live at usa no abroad.

We applied because a year ago I was living in the US, and am in Kenya only for approximately 6 months for work, and then will return again in May to graduate grad school--and then we aren't sure where I'll be living for work, but the US is likely.

[smarie 0]

*** One post has been removed for being less positive than the follow-up post. ***

(Moderator hat off)

Scenario 1: There are residency requirements that apply until U.S. citizenship is achieved; otherwise, either green card can be revoked. Being granted AP is no guarantee of being granted entry to the U.S. upon its attempted use. The beneficiary's presence in the U.S. is required for biometrics appointments. AP can be for "one-time" or "multiple" use. It's not recommended that a green card ever be mailed overseas -- there's too great a risk that it can be lost. Scenario 1 is not an option.

Scenario 2: All things being equal, the chances of a second approval are pretty good. Just be sure to notify USCIS and the Nairobi embassy that the beneficiary is leaving the U.S. within the 90 days, and that further progress through the immigration system won't be pursued at this time. Save concrete evidence that the beneficiary has left the U.S.

Thank you very much. In terms of Scenario 1: so If we go to the US, get married there, apply for a green card/adjustment of status and then both have to leave the country because of my work, there is nothing that we can do to exempt us from being in the country while waiting for the green card?

[agrabs 250]

first, if you are not planning on using the K1 visa until April or May - be sure to check the expiration date on the visa because the K1 does expire, usually the expiration date is 6months from the date the visa was issued. You can apply for an extension, but not once it has expired.

When your fiance enters the country with the K1 visa, you then have 90 days to get married. So, to clarify things, the K1 visa is what gets your fiance a one time entry into the country. The I94 issued at POE will be valid for 90 days ( the time frame you are given to marry within) After you marry you will apply for the AOS/ EAD/AP for travel -it takes about 60 - 90 days to be issued the valid EAD/AP card. while you are waiting on this your fiance can not leave the USA. if he does, you will have to start all over with a spouse visa if you want to come back. Once the EAD/AP card is issued, they can travel abroad, however they can not reside abroad. For the green card you will need to be here if you are chosen for an interview. Not all applications get picked for an interview, however, there is no way to know if you will have an interview or not until you get a letter in the mail from USCIS. The amount of time you will need to be here waiting for approval of the green card can be vary greatly. If you receive an interview you could get it within a few months of applying, others can wait up to a year. Basically, if you take a job out of the country and your fiance will be going with you before the greencard is issued, you will have to abandon the greencard and wait and apply for a spouse visa when you come back to reside here.

Congratulations and good luck to you guys!

[KayDeeCee 4,896]

You can enter the US with the K-1, get married and if you need to leave, then go ahead and leave without filing for AOS. When you are ready to move back to the US, then you file for a spousal visa. You really only need to get a green card if you plan on living in the US.

[smarie 0]

first, if you are not planning on using the K1 visa until April or May - be sure to check the expiration date on the visa because the K1 does expire, usually the expiration date is 6months from the date the visa was issued. You can apply for an extension, but not once it has expired.

When your fiance enters the country with the K1 visa, you then have 90 days to get married. So, to clarify things, the K1 visa is what gets your fiance a one time entry into the country. The I94 issued at POE will be valid for 90 days ( the time frame you are given to marry within) After you marry you will apply for the AOS/ EAD/AP for travel -it takes about 60 - 90 days to be issued the valid EAD/AP card. while you are waiting on this your fiance can not leave the USA. if he does, you will have to start all over with a spouse visa if you want to come back. Once the EAD/AP card is issued, they can travel abroad, however they can not reside abroad. For the green card you will need to be here if you are chosen for an interview. Not all applications get picked for an interview, however, there is no way to know if you will have an interview or not until you get a letter in the mail from USCIS. The amount of time you will need to be here waiting for approval of the green card can be vary greatly. If you receive an interview you could get it within a few months of applying, others can wait up to a year. Basically, if you take a job out of the country and your fiance will be going with you before the greencard is issued, you will have to abandon the greencard and wait and apply for a spouse visa when you come back to reside here.

Congratulations and good luck to you guys!

Thank you so much for your help and information. We are very excited to get the visa, but I am just nervous because I don't know what my future job situation will be like (we sent in the I-129f in January of this year, when I was more sure that I would be in the US..and that has since changed).

My other question is: if he comes, and then I need to leave for a job, and we decide NOT to marry because I need to leave the country sooner than I thought and we aren't able to have our wedding due to me leaving or something else, and he DOES leave within the 90 day period and we save that proof, can we later on apply for a K1 again? Will they accept this since he came, but we ended up not marrying due to external circumstances, but he abides by the rule and ends up leaving the country within the 90 day period?

Just want clarification on this.

Thanks so much.

You can enter the US with the K-1, get married and if you need to leave, then go ahead and leave without filing for AOS. When you are ready to move back to the US, then you file for a spousal visa. You really only need to get a green card if you plan on living in the US.

Thank you. Do you know if spousal visa processing time differs from K1 visa processing time?

[TBoneTX 46,448]

Check the respective timelines.

[smarie 0]

first, if you are not planning on using the K1 visa until April or May - be sure to check the expiration date on the visa because the K1 does expire, usually the expiration date is 6months from the date the visa was issued. You can apply for an extension, but not once it has expired.

When your fiance enters the country with the K1 visa, you then have 90 days to get married. So, to clarify things, the K1 visa is what gets your fiance a one time entry into the country. The I94 issued at POE will be valid for 90 days ( the time frame you are given to marry within) After you marry you will apply for the AOS/ EAD/AP for travel -it takes about 60 - 90 days to be issued the valid EAD/AP card. while you are waiting on this your fiance can not leave the USA. if he does, you will have to start all over with a spouse visa if you want to come back. Once the EAD/AP card is issued, they can travel abroad, however they can not reside abroad. For the green card you will need to be here if you are chosen for an interview. Not all applications get picked for an interview, however, there is no way to know if you will have an interview or not until you get a letter in the mail from USCIS. The amount of time you will need to be here waiting for approval of the green card can be vary greatly. If you receive an interview you could get it within a few months of applying, others can wait up to a year. Basically, if you take a job out of the country and your fiance will be going with you before the greencard is issued, you will have to abandon the greencard and wait and apply for a spouse visa when you come back to reside here.

Congratulations and good luck to you guys!

Hi,

Thank you. What if we don't end up getting married, are we only allowed to apply for the K1 once? Or can he come, we end up not getting married because I''ll end up residing out of the country (and possibly sooner than I thought and not enough time for wedding, etc) and then we can apply for a K1 again at a later time? Has this happened before? Or can I only apply for a K1 once for him and never again?

Thanks

Sonia

[GUCCI 0]

Hi guys,

I dont know if im in a right forum here..I just want to ask if its good to travel outside US using AP, without encountering any problem re entering US using AP.

I just got my AP on mailbox today and i planning to leave US back to Philippines on May to attend my brother's wedding.I planning to stayed there for about couple weeks.

My AOS still pending and my case status on USCIS website says im on testing and interview. But no mail on schedule for my interview.

So here's my problem kind of worried to travel outside and CBP denied me to re enter US. I came here using K1 visa last sept.19,2013. Married Dec. 9, 2013. K1 visa expired jan.15,2014. Applied AOs January 21, 2014.

And travelling outside US will not affect my approval of my AOS.

Can anyone help me/enlighten me with same situation like me that want to travel outside us while aos still pending..

Many thanks!!

[KayDeeCee 4,896]

This thread is not really the same topic as what you are asking. Starting your own thread in the Working & Traveling During US Immigration forum would have been best. You can find similar topics to yours there too.

Your K-1 visa became null and void the moment you used it to enter the US, so its expiration date matters not. AP is used for the purpose of being able to travel and re-enter the US while waiting for the green card approval. So yes, you can travel with AP while your AOS is pending. The only time someone should not use AP is if they had not filed for AOS 180 days or more after their I-94 expired. That is not your case, so you are fine with the AP.