Returning For Family Emergency

[BA2WA 5]

Hi...

We returned to the U.S. from Argentina with a K-1 visa and were married 9 days after arrival. Now 5 weeks later we have already bought, paid for, and moved into a house where we intend spend the rest of our lives. All financial accounts are in both names, as is all property. However...

Her Dad was diagnosed with cancer shortly after we returned to the U.S. and the prognosis is grim. He's scheduled for surgery soon with only a 5% chance for surviving even that. I'm about to finish the paperwork for my wife's AOS. Is there any way she can return to be with her father for a short while, perhaps 2-3 weeks?

It took us over a year to be able to move to the U.S. and we don't want to jeopardize what we've already accomplished. Our home is here... together.... forever. But she really wants to be with her father before it is too late.

Any advice would be greatly appreciated.

Thanks

[Shauneg 762]

Hi...

We returned to the U.S. from Argentina with a K-1 visa and were married 9 days after arrival. Now 5 weeks later we have already bought, paid for, and moved into a house where we intend spend the rest of our lives. All financial accounts are in both names, as is all property. However...

Her Dad was diagnosed with cancer shortly after we returned to the U.S. and the prognosis is grim. He's scheduled for surgery soon with only a 5% chance for surviving even that. I'm about to finish the paperwork for my wife's AOS. Is there any way she can return to be with her father for a short while, perhaps 2-3 weeks?

It took us over a year to be able to move to the U.S. and we don't want to jeopardize what we've already accomplished. Our home is here... together.... forever. But she really wants to be with her father before it is too late.

Any advice would be greatly appreciated.

Thanks

Unless you've already filed dvance parole there's nothing to do. Leave and she won't be allowed back in and you will have to go the CR-1 route. If the advance parole has been done, then you can make an infopass appointment and ask for expedite...usually granted on the spot if the situation warrants it.....

[Pitaya 2,577]

Please do not sound so draconian when a fellow visa journey member is in such serious need for appropriate advice and help.

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

From that 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.

[Shauneg 762]

Yep, did not mean to sound so unsympathetic. It wasn't intended to, my mother died of cancer so I know the deal. Good luck, and sorry if I sounded rude.

[BA2WA 5]

Thanks, no offense taken. It is the facts that are unpleasant though we appreciate knowing them. I do admit to having difficulty finding the information I'm seeking here sometimes and did not look at the guide. We've no Advanced Parole in place and with so little time there seems to be nothing we can do.

I also seem to recall hearing about people with AP still being denied re-entry, though my memory might be wrong.

[Merrytooth 5,748]

You should file for AOS with I-131/I-765 ASAP.

Once you have the AOS (I-485) case number,

Go to the USCIS office and tell them you want to apply for an Emergency AP.

You will need:

Proof (doctor letter)

Your AOS case number

2 passport photos

A cheque of $360 (unless your current AP has been put into the system then I don't think you have to pay the fee)

http://www.visajourney.com/forums/topic/566760-aos-pending-needing-emergency-

http://www.visajourney.com/forums/topic/561964-how-long-does-it-take-to-get-emergency-travel-authorization/

message Maria&Seve for more info.

Edited February 14, 2016 by Merrytooth

[Boiler 45,499]

Well you need to file AoS ASAP.

[Unidentified 2,930]

Unless you've already filed dvance parole there's nothing to do. Leave and she won't be allowed back in and you will have to go the CR-1 route. If the advance parole has been done, then you can make an infopass appointment and ask for expedite...usually granted on the spot if the situation warrants it.....

Please don't post false information!

Sorry if I'm about to repeat some information but I want to make sure I don't miss anything important.

I was in the same situation in August. The day before we were going to get married I found out my father had been diagnosed with cancer and the prognosis was very bad.

What you guys need to do is file for AOS if you haven't already. Once she has the case number for your AOS, a letter from the doctor treating her father where it states his diagnosis and prognosis, 2 passport photos and $360 dollar if you did not file for Advance Parole or it's not yet in the system you can go to the local USCIS office. You do not need an info pass. It's an emergency so they will let you in. Do not call and try to expedite your Advance Parole, it will take too long. If you go to the local USCIS office you will get an Emergency Advance Parole which will allow her to travel back to her home country and hopefully see her father before it's too late.

I didn't quite make it home before my father passed away (missed him by an hour). I know how hard this situation is and I'll be thinking about you and your wife and I hope everything works out and your wife can go home and see him. Good luck!

[Shauneg 762]

Please don't post false information!

Sorry if I'm about to repeat some information but I want to make sure I don't miss anything important.

I was in the same situation in August. The day before we were going to get married I found out my father had been diagnosed with cancer and the prognosis was very bad.

What you guys need to do is file for AOS if you haven't already. Once she has the case number for your AOS, a letter from the doctor treating her father where it states his diagnosis and prognosis, 2 passport photos and $360 dollar if you did not file for Advance Parole or it's not yet in the system you can go to the local USCIS office. You do not need an info pass. It's an emergency so they will let you in. Do not call and try to expedite your Advance Parole, it will take too long. If you go to the local USCIS office you will get an Emergency Advance Parole which will allow her to travel back to her home country and hopefully see her father before it's too late.

I didn't quite make it home before my father passed away (missed him by an hour). I know how hard this situation is and I'll be thinking about you and your wife and I hope everything works out and your wife can go home and see him. Good luck!

Ok no appointment needed, even if you called for an appointment and told you why, they'd tell you to walk in. I mistyped what I actually meant, just as I kept saying advance parole when I meant AOS.

[BA2WA 5]

Thank-you all for the information. I'm finishing up the AOS paperwork now and will submit it tomorrow.

And Maria&Seve, we're so very sorry for your loss. I was out-of-country when both my own parents passed away several years ago...