Emergency Advance Parole & Wedding on K1

[poia 0]

Hello there! I sent my i129f two weeks ago when I was still in the states as a visitor and now I'm back in my country. We hope everything will go fast so we can get married in August. Yesterday I received news from my university here in my country that for the next 3 semesters I will have to attend a compulsory language in order to get credits (wasn't expecting that at all). For this semester I'm all settled, but I'm worried if I enter on the k1 in the summer I won't be able to get back on time to attend classes on the next (fall) semester. Can I apply for an emergency advanced parole once I get married? I never overstayed during my visits (always entered using esta) and never unlawfully entered the country. Is school a valid emergency reason? This would be my last year of school. I only have this compulsory class plus exams in December/January. Thanks to all of you who will help.

[JDWright 30]

You can try. But for that reason, I'm not sure it will be granted. Just make an infopass appointment once you are in the US and married.

[Hypnos 6,576]

You would only be able to apply for emergency AP after your AoS was filed.

[poia 0]

Yes of course I would file for AOS and AP at the same time. What happens if I get an infopass appointment and it is denied? Will my request still be valid and hopefully obtain it in 2/3 months or do I have to start over with the process? Is school a good reason to have AP? I heard of people who applied just to go on vacation..

[Hypnos 6,576]

Vacation is a valid reason for normal AP, but not emergency AP.

If your expedite request was rejected on your AP then it would proceed under the normal process.

[poia 0]

So I read online it's possible to file for AOS and AP at the same time. So here are 2 possible scenarios that came to my mind:

1) I file for both, receive my AP and have my AOS pending. I go back to my country for school. What happens to AOS? Will they schedule biometrics etc appointments while I'm on AP (so I have to make trips back and forth) or only after I permanently return to the US?

2) I file for both. Then I decide not to use the AP and just wait for my AOS to go through. Will it be an issue if I don't use the AP?

Let's pretend I get the visa in June and get married in August. I file for both right away after the wedding. Let's say I will receive my AP in November. Will that be considered an overstay? Since I'm staying for more than 180 days..

Sorry for all these questions, I just want to be sure. I wasn't expecting this at all when I filed for k1. Stupid school.

[Hypnos 6,576]

They will not schedule your biometrics around any trips; you would need to either return to the US for them or reschedule it.

Not using AP has no effect on anything.

Once you have filed for AoS there are no overstay implications.

[Penguin_ie 5,993]

It won;t be an overstay since you did everything right- get married within 90 days, file for AOS

However, if the studies are important, why not change the wedding day? Delay the K1 process a little and get married when you are done with University, in January next year.

[poia 0]

I didn't know I had to go back for this class otherwise I would have waited to apply. My studies actually end in June next year, but it's important that I go back to the December/January session. Also we wanted to get married this summer since his dad is very sick. So I looked up online and thought I could get an AP for up to a year (so from fall 2016 to fall 2017) and with multiple entries so I would also be able to see my soon to be husband every once in a while. I'm so scared right now guys. This school thing is freaking me out. My other option is to wait for AOS and then take my classes all over again and push school for a year but I'm tired of studying and I just want to get it over with. Also being it a private school it costs to much and I would have to pay also while not attending.

[baron555 934]

Hello there! I sent my i129f two weeks ago when I was still in the states as a visitor and now I'm back in my country. We hope everything will go fast so we can get married in August. Yesterday I received news from my university here in my country that for the next 3 semesters I will have to attend a compulsory language in order to get credits (wasn't expecting that at all). For this semester I'm all settled, but I'm worried if I enter on the k1 in the summer I won't be able to get back on time to attend classes on the next (fall) semester. Can I apply for an emergency advanced parole once I get married? I never overstayed during my visits (always entered using esta) and never unlawfully entered the country. Is school a valid emergency reason?

No, you have to file for AOS, then schedule an INFOPASS meeting to request the emergency AP. It is possible.

This would be my last year of school. I only have this compulsory class plus exams in December/January. Thanks to all of you who will help.

[Mike-eeh and Odie 193]

Hello there! I sent my i129f two weeks ago when I was still in the states as a visitor and now I'm back in my country. We hope everything will go fast so we can get married in August. Yesterday I received news from my university here in my country that for the next 3 semesters I will have to attend a compulsory language in order to get credits (wasn't expecting that at all). For this semester I'm all settled, but I'm worried if I enter on the k1 in the summer I won't be able to get back on time to attend classes on the next (fall) semester. Can I apply for an emergency advanced parole once I get married? I never overstayed during my visits (always entered using esta) and never unlawfully entered the country. Is school a valid emergency reason? This would be my last year of school. I only have this compulsory class plus exams in December/January. Thanks to all of you who will help.

If you get your K-1 in August, you have until February (6 months) to use it. Why not just delay the wedding and finish school in the fall?

[Limey 551]

I didn't know I had to go back for this class otherwise I would have waited to apply. My studies actually end in June next year, but it's important that I go back to the December/January session.

If you get married in August and apply for AOS and AP immediately afterwards, I'm pretty sure you'll have AP by December.

In my case I got married in June and applied for AoS in July (and AP at the same time). I got my combo card in september almost exactly 60 days later. This was from Raleigh (I'm in NC). I had the full 2 yr green card around a month or so later.

[baron555 934]

This would be my last year of school.

Well....maybe not.....

I don't know what you are studying and what you intend to go with the degree or whatever, but many times to obtain certain jobs in the US, there will be extra education to obtain here in the US. Many times not all of your foreign university credits will qualify here in the US. Check into this. You might just be better off moving here and continuing your education here.

[Pennycat 880]

Cancel the K1, come on ETSA whenever you like, get married, return home, file spouse visa (or, depending how much time you're willing/able to stay in the US, file spouse visa then return home), continue studies, immigrate on spouse visa when ready to immigrate.

This will allow you to have a wedding that your fiance's father can attend (and you can do it sooner than August), and give you the flexibility to immigrate on a more desirable time-frame.

[poia 0]

Cancel the K1, come on ETSA whenever you like, get married, return home, file spouse visa (or, depending how much time you're willing/able to stay in the US, file spouse visa then return home), continue studies, immigrate on spouse visa when ready to immigrate.

This will allow you to have a wedding that your fiance's father can attend (and you can do it sooner than August), and give you the flexibility to immigrate on a more desirable time-frame.

How do you cancel a K1? Wouldn't this be a problem since we already mailed our application and still intend to marry? Does it cost? How long will it take? Will my next journey (if i travel on ESTA and marry) be affected by it?

Let's pretend i continue on this path. I get married and apply for AOS and AP. I noticed that on the AP form there's a question that states like "how many days do you need"... can I wirte 365 or is that too much? should I just write 5/6 months worth of days and then return and wait for my AOS (considering it may be issued in the meantime)? and I have doubts regarding the multiple entries... are visits to the husband considered in the multiple entries? My fiancè cannot travel that much due to his job, so I would be the one who visits.

Thanks to all for your replies I feel more calm. I'm gonna try and talk to my school when I receive my NOA2 so I can have a better idea of when the wedding would take place.

Or just cancel the K1 once I figure out how and what the consequences are.