Family Emergency - How Long Outside USA?

[AoiHana35 1]

Hi Everyone,

Me and my wife, (she entered here last year and we got married in September with the Fiance/K-1 Visa ) needs to go back to Japan to visit family for an emergency as a member is in the hospital.

I will be traveling with her as well for about 3 weeks and will then need to return to work. She would like to stay at least 4-5 months. Her Advanced Parole Card expires 12/29/2016. Do you think we will run into any problems Green Card wise for the I-485 that's still pending or Immigration in general? She would like to obviously stay as long as she can given the situation!

Thank you!

Edited January 24, 2016 by AoiHana35

[SoerenHelmer 50]

Found this in here:

The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the pending AOS application and require filing for a new visa (either K-3 or IR-1/CR-1) to re-enter the US.

Link: http://www.visajourney.com/content/compare

Edited January 24, 2016 by SoerenHelmer

[Dave&Roza 748]

Hi Everyone,

Me and my wife, (she entered here last year and we got married in September with the Fiance/K-1 Visa ) needs to go back to Japan to visit family for an emergency as a member is in the hospital.

I will be traveling with her as well for about 3 weeks and will then need to return to work. She would like to stay at least 4-5 months. Her Advanced Parole Card expires 12/29/2016. Do you think we will run into any problems Green Card wise for the I-485 that's still pending or Immigration in general? She would like to obviously stay as long as she can given the situation!

Thank you!

The only issue you will have is if she is scheduled for an interview for the AOS while overseas. You will then have to decided if she should come back to the US or reschedule the interview. She needs to observe the rules for a LPR and the amount of time they can spend outside the US, especially since she came over and then left so soon after getting married. She may want to show proof of the family member being in the hospital. I would not stay longer than 180 days to avoid any undue scrutiny upon re-entry. She can remain outside the US for up to one year without a re-entry permit, but I would highly advise against being outside the US for longer than 180 days.

Dave

[Unidentified 2,930]

Hi Everyone,

Me and my wife, (she entered here last year and we got married in September with the Fiance/K-1 Visa ) needs to go back to Japan to visit family for an emergency as a member is in the hospital.

I will be traveling with her as well for about 3 weeks and will then need to return to work. She would like to stay at least 4-5 months. Her Advanced Parole Card expires 12/29/2016. Do you think we will run into any problems Green Card wise for the I-485 that's still pending or Immigration in general? She would like to obviously stay as long as she can given the situation!

Thank you!

She could technically stay until her AP expires. After 6 months she will be thoroughly questioned by CBP when she returns.