Question about advance parole

[jmana 2]

I have a quick question about advance parole regarding a K1. If I send in the AOS paperwork along with the AP, and my wife needs to return home for something like a sick relative, is it possible that they can do so before that actual AP arrives? My understanding is the AP just allows admission back into the US. So as long as it would arrive and I could get it to her before she needs to come back for the interview, it should be ok, right??

[teeak 224]

Not really. When she tries to re-enter the US, they will check the departure date and her EAD/AP card issue date and will see that she left before the card was issued. If they see her departure date was before her card was issue, they'll most likely deny her entry.

If you have a real emergency and need the AP asap, you can schedule an infoPass appointment and get emergency AP. I've seen other VJ users receive the emergency AP in one day.

Edited October 23, 2015 by teeak

[Zedayn 485]

I have a quick question about advance parole regarding a K1. If I send in the AOS paperwork along with the AP, and my wife needs to return home for something like a sick relative, is it possible that they can do so before that actual AP arrives? My understanding is the AP just allows admission back into the US. So as long as it would arrive and I could get it to her before she needs to come back for the interview, it should be ok, right??

Nope. If you leave before the AP is issued, you will be abandoning the AOS process.

She needs to wait until she has the AP before traveling.

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum, past K1~

(mod hat off)

easily accessible at the top of the forum page. In particular, the K1/K3 Visa AOS guide:

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).

REF: http://www.visajourney.com/content/k1k3aos

Good luck on your immigration journey.

Edited October 23, 2015 by Pitaya

[Unidentified 2,930]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum, past K1~

(mod hat off)

easily accessible at the top of the forum page. In particular, the K1/K3 Visa AOS guide:

REF: http://www.visajourney.com/content/k1k3aos

Good luck on your immigration journey.

Pitaya, the guidelines are wrong. You DO NOT need to schedule an info pass. It's an emergency and you can just walk in and request it.

[Unidentified 2,930]

I have a quick question about advance parole regarding a K1. If I send in the AOS paperwork along with the AP, and my wife needs to return home for something like a sick relative, is it possible that they can do so before that actual AP arrives? My understanding is the AP just allows admission back into the US. So as long as it would arrive and I could get it to her before she needs to come back for the interview, it should be ok, right??

No, you have to have permission to leave the country. If it's an emergency she needs to go to the local USCIS office (no info pass needed as it is an emergency).

This is what you will need:

A letter from the doctor treating the sick relative

Your AOS case number

2 passport photos

A cheque because you will have to pay $360 for the Emergency AP (You most likely won't need this if it was a while since you filled for AP and they have you in the system but be prepared just in case)

She would get the Emergency AP right there and then.