Advance parole on a K-1 Visa?

[Jaina 0]

Hi everyone, brand new and therefore... obviously have a few questions.

Me (Canadian) and my boyfriend (American) have been researching for months and have decided that a K-1 Visa for me to go there is the right way to go.

However I notice that with a K-1 Visa, advance parole is required in order to travel back and forth between Canada and the USA. This concerns me a bit... I have a project/job that will remain here in Canada which will require me to be able to come back often (maybe every month or two), and now I'm concerned that I won't be able to. Visas other than a K-1 allow multiple entry...

So correct me if I am wrong in this train of thinking:

We apply for the K-1 and hopefully are approved. Once that Visa is obtained, I am free to go to the United States and stay there for 90 days before getting married. Until we are married, I am not allowed to leave the States and re-enter? What about if I arrive in the States on the K-1, and say, we get married the next day? Then we have to apply for another change of status... and I cannot leave the country with hope of re-entering until it is approved? Is this correct?

I am basically looking for the best way to marry my boyfriend and be able to travel between Canada/USA without months-long periods of no border-crossing. Does such a thing even exist? Please forgive me if the answers are obvious, I find a lot of the information a wee bit confusing and my mind reels with all the different numbered forms to fill out. I am confused and want to do this properly.

[raymaga 25]

I am Canadian and married a US citizen, so I will try to help you understand the process a little.

You will enter the US with your K-1 Visa, marry anytime within 90 days of your entry, and then apply for Adjustment of Status (to Conditional Permanent Resident).

At the same time that you submit your AOS application, you can submit your AP (Advance Parole) application. You cannot leave the US until either your AP or your AOS is approved. AP is almost always approved a lot quicker than AOS.

AP usually takes anywhere from 6 weeks to 3 months to approve. In that time, you would not be able to return to Canada.

To speed up the AOS process, ask the person who marries you to give you the signed marriage certificate. You can then take that marriage certificate to the court house and get the certified copies done while you wait. If the person who marries you sends the marriage certificate in themselves, it takes weeks to receive the certified marriage certificate in the mail.

So, you can have all the necessary AOS documents prepared in advance of your wedding, and then right after your marriage, you can go to the court house, get your marriage certificate, attach it to your AOS application and mail it. We mailed our package off 2 days after our wedding. It saved a few weeks of processing time.

PM me if you have any other questions.

Good luck.

P.S. I should tell you that, even though I am NOT endorsing this, both me (K-1) and my daugher (K-2) WERE able to cross the border (by car at Blaine, WA) once we obtained our visas, but we did NOT activate them until we wanted to. I'm not sure if everyone would be able to do this, but we both did, more than once. They told me at the border that until you get married, you can leave the U.S. and return. I entered the US on July 31, 2004, activated my K-1 Visa that day, returned to Canada to attend my brother's wedding on August 21, 2004, returned to the US after my brother's wedding, and got married August 28, 2004. But, this is only my experience, and like I said, do NOT try this without first asking if this is indeed possible.

Edited January 14, 2007 by raymaga

[Turboguy 6]

Crossing the boarder is getting a lot tougher. Actully I believe you can leave the USA, you just could not return. The most viable solution might be to marry as quickly as possible, Apply for the AOS and the A/P as soon as possible, when you really have to go to Canada go and stay there until the A/P is approved and your mate can send you the A/P by DHL or the like. That is the only suggestion I have.

[KarenCee 3]

Crossing the boarder is getting a lot tougher. Actully I believe you can leave the USA, you just could not return. The most viable solution might be to marry as quickly as possible, Apply for the AOS and the A/P as soon as possible, when you really have to go to Canada go and stay there until the A/P is approved and your mate can send you the A/P by DHL or the like. That is the only suggestion I have.

You're right, it's getting tougher and it's better to have the document in hand when you leave the US. That way you wouldn't have to wait for someone to send it to you. AP, I think, isn't meant to be used in the way the OP is asking about. Again, I'm not totally sure which is why I suggested he and his fiancée talk to an immigration attorney.