Returning to the UK for funeral without AP

[Beefheart 31]

An elderly relative of mine has very recently died and I feel I need to return to the UK to attend their funeral. However, owing to financial hardship, I still haven't got around to applying for my AP.

I came to the US on a K-1 Visa and have since married and been residing in here since September 2014. I am fully aware that if I were to leave the country before acquiring my AP I will not be granted reentry upon arriving back in the US.

My question is whether or not there is any way I can obtain special dispensation to leave temporary to attend my relative's funeral and then return?

[aaron2020 11,651]

Hi,

Sorry about your loss.

There is no special dispensation. Especially when you overstay your visa by over a year.

If you leave with AP or a green card, you will end up with a 10 years ban for overstaying on your K-1 visa for over a year. Your spouse will need to file an I-130 to start the spousal visa process. Your visa application will be denied because of your overstay. Your spouse will need to file a waiver and show why denying you a visa is a hardship to him (missing each other is not enough).

Sorry, but you didn't make it easy on yourself when you overstayed your visa without filing to adjust status.

Best of luck

[TBoneTX 45,329]

The above might need to say "If you leave without AP or a green card..." Otherwise, the advice is completely accurate.

[aaron2020 11,651]

Thanks for catching that. It's indeed "without."

[Beefheart 31]

Thanks for the advice, both.

Does this also mean I face difficulty when submitting my AOS (which, incidentally, should be within the next couple of months)?

I'm a little confused re: overstaying my visa, as I married within three-months of arriving on my K-1. I had no idea that I had to submit my AOS within a year of marriage. Does this jeopardise my future AOS and the EAD which is currently being processed?

[Hypnos 6,576]

There is no time limit during which you must submit your I-485. Provided you married within 90 days of PoE and are still in a bona fide marital relationship then you remain eligible. You are out of status after your I-94 expires, meaning you are illegally present, incurring overstay, and could be detained by ICE and ordered to appear in immigration court. This is unlikely but possible.

Your overstay is the reason why you will face a ten year bar if you depart without either AP or your green card, because you have been out of status for at least one year.

You should submit your AoS as soon as is practicable, for your own protection if nothing else.

Once you have filed for AoS and obtained your EAD/AP then you can work and travel without issue. Your overstay will also not affect your AoS.

Edited January 20, 2016 by Hypnos

[newacct 688]

The fastest way for you to leave the country would be to 1) immediately apply for Adjustment of Status, then 2) apply for Emergency Advance Parole for the funeral as soon as you have the application number for the AOS. Even that takes a while, because it takes a while for the AOS to be received and for you to get an application number, plus I don't know if funerals are enough of an emergency for emergency AP.

[Boiler 45,559]

The fastest way for you to leave the country would be to 1) immediately apply for Adjustment of Status, then 2) apply for Emergency Advance Parole for the funeral as soon as you have the application number for the AOS. Even that takes a while, because it takes a while for the AOS to be received and for you to get an application number, plus I don't know if funerals are enough of an emergency for emergency AP.

I have seen people get Emergency AP for Funerals, and will need a new medical. Perhaps look at filing as apart of the travel cost?

[aaron2020 11,651]

Thanks for the advice, both.

Does this also mean I face difficulty when submitting my AOS (which, incidentally, should be within the next couple of months)? You would not have any difficulty if you stay in the US and file for AOS. You would only face difficulty by leaving without AP.

I'm a little confused re: overstaying my visa, as I married within three-months of arriving on my K-1. I had no idea that I had to submit my AOS within a year of marriage. Does this jeopardise my future AOS and the EAD which is currently being processed? You would not have any difficulty if you stay in the US and file for AOS. You would only face difficulty by leaving without AP.

Here's the jist.

The K-1 gave you 90 days of legal stay in the US. Marriage to a USC does not change that. To get more legal time in the US, you must file for AOS. Since you come on the K-1, got marry, and did not file for AOS, you have been living here illegally since your 90 days on the K-1 ended. This is your problem; living here illegally for over a year.

US laws don't make sense. Don't even try to figure this out.

If you remain, file for AOS, and file for AP, then you are fine. All is forgiven. You can even use AP even with the overstay while your case is ongoing. You will get a green card, no problem.

If you leave the US without AP, then you are screwed. You will face a 10 years ban that will require a hardship waiver which is not automatic. You could end up having to endure that 10 years ban.

Your choice to go to the funeral or not. You need to figure out the best way forward for you. Your desire to go to the funeral is complicated by the fact that you choose to live here illegally for over a year.

Best of luck. I would not leave without AP.

Edited January 20, 2016 by aaron2020

[Mike-eeh and Odie 193]

I'd skip the funeral. While I can sympathize with you in the loss of a dear family relative, the cold hard reality is that if you leave the USA without AP, you would most likely face a ten year ban. Is that worth the risk to go to a funeral of someone who is not an immediate relative? If you feel bad, try visiting your local church and see if they will dedicate a mass in their honor, and send the family the mass card. It's normally around a $20.00 church donation.

[Ebunoluwa 6,136]

I'd skip the funeral. While I can sympathize with you in the loss of a dear family relative, the cold hard reality is that if you leave the USA without AP, you would most likely face a ten year ban. Is that worth the risk to go to a funeral of someone who is not an immediate relative? If you feel bad, try visiting your local church and see if they will dedicate a mass in their honor, and send the family the mass card. It's normally around a $20.00 church donation.

I was going to say something similar. I was unable to attend my mother's funeral but we had an awesome 2 hour memorial in her honor

that was very meaningful to us. Not Catholic, but we had special songs, speech, the little things we remembered were shared.

I would not attend the funeral without AP if I were you but find another way to pay your respects.

[Ortolan 381]

Don't leave the U.S.; at this point you can't do anything for the deceased, who is, I understand, not an immediate relative (mother, father, sibling). Send flowers, send condolences. Nobody there is going to be angry at you for not coming. You can't.

Use the money you would've spent on an immediate plane ticket to the UK on your fee for adjusting your status. Fill out that paperwork. Get legal.

[Unidentified 2,930]

If you can't afford AOS now there's no chance you'll go to the funeral.

You'd have to file for AOS now which is $1070 and as soon as you get your case number you'd file for Emergency AP which is another $360 and then on top of that you have the plane ticket.

I also don't know how it will work, getting you an Emergency AP, with an overstay.

[Darnell 8,478]

I vote for 'do not make the trip'.

[MASH 172]

If you can't afford AOS now there's no chance you'll go to the funeral.

You'd have to file for AOS now which is $1070 and as soon as you get your case number you'd file for Emergency AP which is another $360 and then on top of that you have the plane ticket.

I also don't know how it will work, getting you an Emergency AP, with an overstay.

The AP would be free if he files for AOS