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Advance Parole

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So this is just a musing and I plan on getting AP for my fiance when he gets here and we get married... BUT, since he is from the UK and they are on the VWP would he for sure be turned away if he left the US without AP once married and without the AOS approval yet? TO be clear I am going to apply for this, but was wondering if anyone had gotten back in without it?

Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

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Filed: K-1 Visa Country: Wales
Timeline
So this is just a musing and I plan on getting AP for my fiance when he gets here and we get married... BUT, since he is from the UK and they are on the VWP would he for sure be turned away if he left the US without AP once married and without the AOS approval yet? TO be clear I am going to apply for this, but was wondering if anyone had gotten back in without it?

When he leaves without advance parole he abandons his Adjustment of Status.

No reason why he can not enter subsequently on the VWP, it would be a good idea to take plenty of evidence with him of his non immigrant intent.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thanks, just curious how the hole thing worked. Didnt know if stuff got scanned into the computer and it popped up or what! I'm too nosey and like to know how all that stuff works. Totally a hypothetial question!!

So this is just a musing and I plan on getting AP for my fiance when he gets here and we get married... BUT, since he is from the UK and they are on the VWP would he for sure be turned away if he left the US without AP once married and without the AOS approval yet? TO be clear I am going to apply for this, but was wondering if anyone had gotten back in without it?

When he leaves without advance parole he abandons his Adjustment of Status.

No reason why he can not enter subsequently on the VWP, it would be a good idea to take plenty of evidence with him of his non immigrant intent.

Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

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Filed: AOS (apr) Country: Scotland
Timeline

Let me get this straight,

1. K1 is obtained visa and finance enters

2. Spouse leaves country before or during the AOS process without AP

they would probably be stopped coming back into the country.

Yes they do type all that stuff in to the data bases.

Edited by John & Annie

2005 Aug 27 Happily Married

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IMO, it would be best for AOS beneficiaries (except those on H1-b's--as they can use the original or extended H1-b AS EAD and AP document equivalent) to AVOID making trips outside US until either:

  • AP is in hand (or renewed AP, if necessary)
  • AOS is complete

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

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As long as the LORD's beside me, I don't care if this road ever ends.

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