Emergency Advance Parole (I-131) for marrying abroad - my experience

[Nadia&Bert 2]

Dear all,

To whomever it might benefit, I would like to exchange my story on how I received an emergency advance parole (I-131) for travelling outside of the US for my religious wedding ceremony. This was before I got an adjustment of status or before I had the advance parole travel document in my hands

My background/timeline

• I am a Belgian national who got engaged in November 2014 to my US citizen fiancee (who has dual citizenship US/Nicaragua ).
• We planned our marriage on March-31st 2016 (17 months ahead of time) in Nicaragua
• We filed our application for a K1 on Jan-19 2015 and got the NOA1 on Feb-2, 2015
• On Sep-29 2015 the application for K1 visa was approved
• I quit my job and made my Point of Entry in Orlando, FL on Dec-11 2015
• We got married for the Coral Gables courthouse on Dec-16 2015. We derived from the timelines on this website that we would have enough time to get an Advance Parole (I-131) approved in time to get married in Nicaragua. (we were wrong)
• We filed the adjustment of status package I-485, I-765 and I-131 on Dec-29 2015, NOA1 on Jan-7 2016
• I booked my flight leaving the US on Mar-22 2016 (to get married Mar-31st 2016). According to the timelines available, my advance parole would only be mailed between Mar-13 and Mar-16. Since this was too tight in time, I started the emergency advance parole procedure

Since I was running out of time, I made an Infopass appointment in the USCIS field office of Kendall, FL on Mar-2 2016, and requested an emergency advance parole to attend my own wedding.

After deliberation with the USCIS officer's superior, I was granted an emergency advance parole to attend my own wedding in Nicaragua. I had to come back 4 days later to pick it up.

I got an emergency advance parole for 1 re-entry (I-512). The filing fee was USD 360

The final travel document for which I initially applied would be valid for 1 year (multi-entry)

I took a flight on Mar-22 2016 and re-entered on Apr-3 2016

Reasons why the USCIS was allowing me the emergency advance parole before having an approved I-485/I-131

• My biometrics were already taken
• There were no red flags on any previous steps in my immigrations (no RFEs, everything directly approved)
• I indicated my intentions to travel for my wedding in the INITIAL FILING for the adjustment of status package (I-485,I-131, I-765). I made it clear this was no impulsive wish to travel for pleasure.

Evidence / other items I handed in to my application (in the USCIS field office)

• Proof of travel (in my case, I had the invoice of my flight tickets). Best to also have your return ticket to the US included
• Proof of the ceremony (the wedding invitation stating your name)
• Money order of USD 360
• NOA1 for the I-485/I-131
• Copy of my passport
• Copy of my fiancee's passport (I also handed in a copy of her Nicaraguan passport. I told them that we wanted the ceremony to take place in Nicaragua so her family could attend
• (optional) Preparation documents with the catholic church)
• (optional) I had an invoice from many months ago about our wedding invitations (this indicated that our wedding was planned long time in advance)

How to manage the re-entry into the US

• Don't try to use the kiosks in the airport. Your case is too specific to be handled by the machines
• Present your passport and your emergency advance parole (I-512) to the immigration officer
• You will be taken apart for a couple of short questions (similar to your point of entry)
• I spent about 15 mins waiting in a separate room. After 15 mins, I got my passport back without additional questions and was free to re-enter

For whomever might be in the same situation, I am under no condition claiming that your request for emergency advance parole will be approved with 100% certainty. In the end, the cases for which these emergency advance paroles for travelling are very clearly documented. I guess I got lucky. I just wanted to share my personal, individual story, that for me it worked out. Sometimes, things do work out!

Good luck on all who might be in the same situation

[Hypnos 6,578]

I'd agree with you that you were lucky. In my opinion, your reasons for wanting emergency AP were not compelling or exigent enough to warrant its approval.

... But then it's USCIS making this decision, not me.

[Harmonia 211]

Very interesting situation. I'm glad it worked out.

EDIT: You got legally married in the US? Is that what you meant? Then you went to Nicaragua to have a 2nd wedding or wedding celebration?

Why didn't you just get married in Nicaragua and do a CR1? I assume a Belgian citizen could visit Nicaragua to get married without a visa?

Edited April 8, 2016 by Harmonia

[Boiler 46,368]

90 days is the recommended assumption for AP.

I agree you were very lucky getting Emergency AP.

I assume some sort of celebration, OP said they were married in US.

[Nadia&Bert 2]

- To clarify, I got legally married in the US on Dec-16 2015. I applied for emergency AP for my religious ceremony for the catholic church in Nicaragua.

- I chose K1 over CR1 because of the shorter processing time. My fiancee and I had lived already apart for a while. Since I also wanted my Belgian family and friends be able to attend my wedding, I didn't plan the wedding in a rush, so they could plan their logistics.

- To make it easy on the USCIS, I basically got the emergency AP as a substitute for the normal AP that I was going to receive in a week time. Basically, I advanced the issueing of my AP with 1 week (through applying for the emergency AP)

[Villanelle 4,122]

strange you paid 360. Perhaps look into getting it back>?

[Unidentified 2,930]

That is so not what the Emergency Advance Parole is for...

[Transborderwife 4,666]

That is so not what the Emergency Advance Parole is for...

Perhaps not, but it was awarded regardless

[Unidentified 2,930]

Perhaps not, but it was awarded regardless

Yeah I can see that... And people get denied going to see dying loved ones because they're not closely related...

[Merrytooth 5,748]

Yeah I can see that... And people get denied going to see dying loved ones because they're not closely related...

Luck of the draw

Edited April 8, 2016 by Merrytooth

[Transborderwife 4,666]

Luck of the draw

Hate the player, not the game I suppose.

[Unidentified 2,930]

Easy to say for someone who hasn't had to deal with trying to get permission to go home and say goodbye to a loved one.

[Transborderwife 4,666]

Easy to say for someone who hasn't had to deal with trying to get permission to go home and say goodbye to a loved one.

I agree that it sucks, there should be an across the board definition as to why emergency ap is given and abided by.

[lazy 19]

Nadia&Bert and also Maria&Seve, (or anyone else)

My friend is here on H1-B which is granted until 2018 to work, his wife is on a H4 spousal visa based on his H1-B, and his I-360 was approved allowing him to file for I-485 AOS.

Saturday all the docs are ready and we were planning on mailing it Monday (tomorrow). Sunday he got word from India that his mother is very ill and was admitted to the hospital (kidney dialiysis issue). He wants to go with his wife to see his mother ASAP (this week if possible).

What do we do? Emergency AP via INFOPass appointment?

I'm thinking of mailing the I-485 on Monday morning overnight. Expecting to have "Delivered" via tracking on Tuesday. Then seek Infopass appointment at local office for Emergency AP.

THOUGHTS?

One of you mentioned paying $360 for the Emerg-AP. Was that needed? It's him and his wife so it would be $360x2 but even more so is it needed?

Is there a limit on the duration of his stay if he gets approved?

Would the Emerg-AP, if approved, serve as his multiple entry AP? Or would the Emerg-AP be just for this trip, and the AP form he submitted with I-485 would be for the rest of the duration?

OR

Should we hold off on submitting I-485 and have him travel with hopes of re-admission without issue?

Thanks for a quick reply!

Edited April 25, 2016 by lazy

[TakumiKobyashi 5]

Lazy: H1B is a dual-intent visa and you do not need advance parole to leave the country. Source: https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel. He can just send off the AOS and immediately leave the country.