I-131 Advance Parole, need advice

[juanchopancho 5]

Ok, so we find ourselved in a situation. We married last december and are in the process of filling out the AOS and all the paperwork before sending it in.

Last night she finds out that she has a debt that is rather large and they are taking her to court. Now my wife is in a situation where she has to leave the US so she can take care of this legal issue. If she doesn't the next time she enters the country they could arrest her, throw her in jail, if not that extreme the court could prohibit her from leaving her country. An alternative would be to just stay in the US and never go back. Obviously she doesn't want that because she wants to be able to visit her family at least once a year. There is little chance her family would be able to visit us in the US with a tourist visa.

I know this debt is legitimate and new about it beforehand so it was not a huge surprise.

Now what we want to avoid is that she gets slammed by the law and she can't visit her family without fear of being arrested or without being able to leave the country. So she has to go back and show up in court in person.

Does anyone have experience with getting the Emergency Advance Parole? Basically the I-131 and going in person to present the case of why it is an emergency so she can leave the country to take care of the legal situation and come back without jeapordzing the AOS.

Any idvice?

[belinda63 3,038]

After you file for AOS she can request emergency AP. You can't do anything until the AOS packet is sent.

[juanchopancho 5]

That's the idea. We definitely need to send the AOS first I understand that part.

Just looking for people who have been through emergency AP and any advice on what is the best way to go.

[Boiler 45,519]

Is there a reason you have waited so long to file, most people do it shortly after getting married.

I do all my banking on the web now, why does she have to go, and why is it suddenly an emergency?

Can not family or friends deal with any paperwork, seems a waste of a flight.

[Gosia & Tito 199]

Ok, so we find ourselved in a situation. We married last december and are in the process of filling out the AOS and all the paperwork before sending it in.

Last night she finds out that she has a debt that is rather large and they are taking her to court. Now my wife is in a situation where she has to leave the US so she can take care of this legal issue. If she doesn't the next time she enters the country they could arrest her, throw her in jail, if not that extreme the court could prohibit her from leaving her country. An alternative would be to just stay in the US and never go back. Obviously she doesn't want that because she wants to be able to visit her family at least once a year. There is little chance her family would be able to visit us in the US with a tourist visa.

I know this debt is legitimate and new about it beforehand so it was not a huge surprise.

Now what we want to avoid is that she gets slammed by the law and she can't visit her family without fear of being arrested or without being able to leave the country. So she has to go back and show up in court in person.

Does anyone have experience with getting the Emergency Advance Parole? Basically the I-131 and going in person to present the case of why it is an emergency so she can leave the country to take care of the legal situation and come back without jeapordzing the AOS.

Any idvice?

I would see about an Infopass asap to determine options.

I don't believe a legal issue would qualify though, but, unless you give it a try you woulnn't know.

Also, depends on how fast she needs to appear in court.

Now, if the debt is legit, and assuming there is intent to repay, Would it not be possible to draft legal documents to that effect? Without having to leave the country that is and such that court is not needed. A half way reasonable owner of the debt would agree on that, even in SouthAmerica, rather than spending time and money in a court.

I would also account for the possibility of not being allowed to leave Colombia regardless. If the debt is legit, and court proceedings are in place, the only possible outcome is that she is compelled to pay, and then she might not be allowed to leave until that is satisified.

Of course, that might depend on prior attempts to collect, and other circunstances of the situation.

.

[Lynkali 163]

Is there a reason you have waited so long to file, most people do it shortly after getting married.

OP was only married late December, that's no cause for criticism on AOS -- it really does take a while to get certified copies of marriage certificate, and gather up other documents. Our AOS filing was 25 days after marriage and that was pushing it hard, I can easily see it taking over a month.

Anyway, to the original poster, obviously if she can deal with it from inside the USA then that's a better solution, but once you file AOS, she should get her AP/EAD in about 66 days (a little over two months). Can the legal issues wait until then or is it truly immediate?

I have seen people getting expedited on EAD because of a pending job offer -- I imagine you could get lucky with an Info-Pass appointment after you've filed AOS, and request expediting of the AP ... but I don't know for sure and I haven't seen any other forum posters reporting that.

Good luck!

[juanchopancho 5]

Ok worse case scenario. Say we don't get the emergency AP and she leaves the country, then what? We're married now so what type of visa would we need so she can come back?

[juanchopancho 5]

Nevermind looks like we will have to do the I-130

[Boiler 45,519]

Yep

CR1.

Not a good option.

[ManCharsey 254]

Call the USCIS helpline and request for an expedite of her advance parole. They will ask you for the reasons why you need it expedited. Explain the situation and if they need proof, they will let you know usually in man email so you can fax back the proof. But usually for APs they will go ahead and start processing the expedite request without any hassle. You can do same at an infopass too. Some local offices might be able to issue a temporary travel document.

[Boiler 45,519]

They have not filed for AoS.

[juanchopancho 5]

Yeah I'm sending the AOS this week but she needs to be there in a month, so we will try the emergency AP. If that doesn't go through in time she will have to leave anyway.

Thanks for the advice.

[Boiler 45,519]

Why not get it sorted out from here?

[noncompute 9]

Ok, so we find ourselved in a situation. We married last december and are in the process of filling out the AOS and all the paperwork before sending it in.

Last night she finds out that she has a debt that is rather large and they are taking her to court. Now my wife is in a situation where she has to leave the US so she can take care of this legal issue. If she doesn't the next time she enters the country they could arrest her, throw her in jail, if not that extreme the court could prohibit her from leaving her country. An alternative would be to just stay in the US and never go back. Obviously she doesn't want that because she wants to be able to visit her family at least once a year. There is little chance her family would be able to visit us in the US with a tourist visa.

I know this debt is legitimate and new about it beforehand so it was not a huge surprise.

Now what we want to avoid is that she gets slammed by the law and she can't visit her family without fear of being arrested or without being able to leave the country. So she has to go back and show up in court in person.

Does anyone have experience with getting the Emergency Advance Parole? Basically the I-131 and going in person to present the case of why it is an emergency so she can leave the country to take care of the legal situation and come back without jeapordzing the AOS.

Any idvice?

Hire a lawyer to take care of business in Colombia from the USA. Lawyers there are cheap. You'll probably spend less than you did running around for AP and buying plane tickets. Sounds like a pretty straightforward issue to take care of, not sure why you think buying a plane ticket and all of this is the best way?

[Boiler 45,519]

Agreed.