Advance Parole - Adjustment Status

[lucho562 0]

Vjayers,

If all goes well my fiance will be here in June or July. We will get married in the courts, civil...immediately. However we want to get married on the 24th of November in Colombia. What are the steps to make this happen? I want her to be able to re-enter USA. I hear of advance parole, but do not understand it. Can someone shed some light on this? Or point me to the right link. Also adjustment status? please help, as I need to have knowledge of this now, we are trying to plan our wedding.

thank you

[Dan J 277]

If you fiancee arrives on a k-1 visa, you have 90 days to get married and file for adjustment of status. This allows your fiancee to get her green card. It may take 6 months or more to get that green card. If you need to travel in the mean time, you can file for Advanced Parole which takes about 90 days. You can file that with your adjustment of status paperwork.

This: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos gives more detail.

[athena_ny 1]

AOS does not need to be filed in the 90 days. As long as you're married in the 90 days, the terms of the visa have been met. Just so we don't have another person freaking out on day 91 over on the AOS board.

If you fiancee arrives on a k-1 visa, you have 90 days to get married and file for adjustment of status. This allows your fiancee to get her green card. It may take 6 months or more to get that green card. If you need to travel in the mean time, you can file for Advanced Parole which takes about 90 days. You can file that with your adjustment of status paperwork.

This: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos gives more detail.

[GrenadianCrix 1]

It would be in your best interest to file for your AOS as soon as possible. You will need to wait until you receive your marriage certificate after the service. If you are a bit over the 90 days they will probably not kick you out of the country, but why chance it? Better to do things by the book.

Please do more research on Advance parole, I understand that it is not easy to get. You and your new spouse can go to another country after the green card is issued (that is what you are applying for at AOS). This can take several months, so maybe you should wait to make your foreign plans until you have it.

Congratulations on getting this far into the process.

Sue

[Kez/JWolf 6]

It would be in your best interest to file for your AOS as soon as possible. You will need to wait until you receive your marriage certificate after the service. If you are a bit over the 90 days they will probably not kick you out of the country, but why chance it? Better to do things by the book.

Please do more research on Advance parole, I understand that it is not easy to get. You and your new spouse can go to another country after the green card is issued (that is what you are applying for at AOS). This can take several months, so maybe you should wait to make your foreign plans until you have it.

Congratulations on getting this far into the process.

Sue

There is no time limit for filing for AOS from a K1.... so your comment about doing things by the book is wrong.... there have been many people who have filed for AOS after the 90 days... in fact there are some who have filed more than a year after arriving on a K1.... and they do not just kick anyone out of the US they would have to arrest you, hold you in detention until you could appear before a Immigration Court and it would be up to a Judge to rule on deportation... so that is not going to happen over night.... and in not an issue for people who arrive on a K1 and wait to file for AOS....

You say you have heard that AP is very hard to get.... where exactly did you hear this??? I have been on these boards since 2005 and I have never seen anyone who filed for AP along with their AOS be denied an AP.... I have seen people who have filed for an Emergency AP be denied because USCIS did not deem it to be an Emergency...

Misinformation is a very dangerous thing....

Kez

[notrepetiteashley 0]

I think what she meant by "hard to get" was "hard to understand." At least, that is what I took it to mean.

Otherwise, no...AP is not hard to obtain. You just need to file the correct papers. I hope you will read the pinned threads at the beginning of this forum.

[mozplay 29]

AOS - Adjustment Of Status - application for a greencard - can't leave the U.S. unless you have ....

AP - Advanced Parole - allows you to travel outside of the US before you get your greencard.

If you fiancee arrives in July and you get married in a civil ceremony but you already know you need to travel out of the country in November then I would definately reccommend applying for Advanced Parole.

[lucho562 0]

Thank you for your replies.

My fiance and I just want to have a ceremony where here familly can attend and my family fly down to Colombia to attend the ceremony & reception. We just want to have something memorable. It breaks my heart to think that this may not be able to happen.

[lucho562 0]

Just because we are in this situation, shouldnt mean that we can not fulfill our dreams to have a beautifull wedding where both parties can attend and enjoy and celebrate our union. This is not fair

[mozplay 29]

Thank you for your replies.

My fiance and I just want to have a ceremony where here familly can attend and my family fly down to Colombia to attend the ceremony & reception. We just want to have something memorable. It breaks my heart to think that this may not be able to happen.

Why wouldn't it be able to happen? Just have all your paperwork in order before she even gets to the US, file ASAP and make sure and file for AP - you should be fine.

Mo

[Kez/JWolf 6]

There is nothing to stop you getting married at your local court house within the 90 daysfiling for AOS and AP and then once you have AP plan a full wedding service in her home country... there are many many couples here who do that...

Kez

[notrepetiteashley 0]

AOS - Adjustment Of Status - application for a greencard - can't leave the U.S. unless you have ....

AP - Advanced Parole - allows you to travel outside of the US before you get your greencard.

If you fiancee arrives in July and you get married in a civil ceremony but you already know you need to travel out of the country in November then I would definately reccommend applying for Advanced Parole.

I understand. But it will be memorable. You will both be there and in love and you'll be married. Take lots of pictures and have a beautiful day! Like they say on Project Runway: Make it work! I know it can be sad to think your family won't be at your wedding. Neither of our families were there when we got married. But I find it is the time we have been able to spend together that has been great...with my family and his family. But it is possible that you can get it all in order.

As long as you have your AP you can travel outside the US while the AOS is pending. People get them all the time. You file for the AP at the same time as your AOS. I don't know how long it takes to get AP (also sometimes referred to as a travel document), but others here do, I am sure.

Best of luck to you. Don't get too stressed, just read anything you can on the paperwork and requirements, etc. You'll be fine.

[lucho562 0]

Thank you for your support, i'm depressed over this situation, thank you for your help.

[notrepetiteashley 0]

Oops, I quoted the wrong person. Sorry!

[notrepetiteashley 0]

No reason to be depressed. Just fill out the forms and send them in. It can be a confusing process, but AP and AOS are available to you just like most anyone else. Just get married when your fiancee gets here, and file for AOS and AP afterwards. It'll be okay.