Traveling while waiting for AOS

[jesslynn225 0]

Hi everyone,

I am a USC living in Canada and my fiance is in Israel. We started the process to get a K-1 in March 2016. In July, we received our NOA2 and we're waiting for confirmation that they've sent it to the embassy. So far, the process has been slow but smooth and we're trying not to get overwhelmed and just focus on tackling the next step. This forum has answered so many questions for us and we're really grateful for all the information!

My question relates to the adjustment of status phase. My fiance and I are hoping that the visa will come through before the end of this year, so that he can come to the US in January, we can get married, and we can file for the AOS asap. He already has a job lined up with the US branch of the company he works for, but they obviously won't formalize his contract and let him start until he gets work authorization. My understanding is that we can file for this at the same time as our AOS, and it will take 3 months maximum. If anyone has any additional insights or advice, we're happy for tips.

My real question pertains to advance parole. My fiance's brother is getting married in June 2017 (probably about 4.5-5 months after we file the AOS), and so we'll need to travel back to Israel. We want to apply for AP for my fiance in case he does not receive the AOS in time for this travel. However, I've read that AP is only granted for emergency situations (medical emergency, for example). Is this true? Will AP be difficult to get? Is it granted for non-emergency cases such as ours? and is there anything we need to be aware of to make our case for AP or to ensure we get it on time for travel?

With planning, we can deal with a few months of his unemployment, but it would be much harder on us if we have to miss such a special family event. The most difficult part of this process has been the unpredictability and hoping for the best but planning for the worst. If you could help us understand both scenarios, we'd be very grateful.

Thank you in advance for your kind attention!

Edited August 3, 2016 by jesslynn225

[arken 4,197]

Your spouse can file AOS/EAD/AP concurrently and will likely get the EAD/AP combo card. You don't even have to mention the reason or intended travel dates on AP application form. Getting AP is a no problem. Only in some categories, AP is issued only for emergency case, and AOS doesn't fall into that category.

[htfaust 131]

Advance Parole is routinely granted to applicants that have a pending adjustment of status. It takes around 90 days after you file. Considering the time frames, you will most likely be fine, but there's no way to know for sure if you'll experience any delays.

[Unidentified 2,930]

Emergency Advance Parole is generally for when your family member is about to or have passed away and serious issues like that. However I have seen people who seem to have successfully gotten Emergency Advance Parole only to attend someone's wedding.

[Pitaya 2,577]

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