Advance Parole for crewmember working on ship out of USA

[papito90 1]

Hi VJ!

My application to bring my fiance here was just received at the NVC. It's moving faster than expected and I can't wait for my fiance to get here!

We met working on cruise ships. I took a job on land, while he is finishing up his last contract... or what we thought would be his last contract. The company is offering him extra incentive to do another contract, so the money will really make it worth it. The complication is the timeline...

His current contract is supposed to end the 2nd week of February. He was going to do his medicals and interviews as soon as he got back to Colombia, and then fly here. The problem is that this 2nd contract is supposed to start at the beginning of April.

I read about Form i-131 Advance Parole, and since I have read online that the waiting period could be between 1-2 months, I thought we would apply for it as soon as possible. But when I called USCIS today, I found out that we couldn't apply until after we were married, after he was here. And she said that it could take as long as 90 days.

There are a few scenarios that I've worked out and I was wondering if anyone had any experience or input:

Option 1:

As soon as the paperwork is received in Colombia, my fiance takes 2 weeks off from working on the ship, pays for his flight home, completes the medical and interview, and returns to work after he has the visa. Then at the end of his contract (mid February) - he enters the US, we marry as soon as possible, and then hope that we get permission for Advance Parole within 1-2 months.

The problems with option 1: taking 2 weeks off of work, extra flights, uncertainty if he will get his k-1 visa in time for his flight back to the ship, uncertainty if he can enter the US on a C1D visa while being in possession of a K1 visa (but opting not to use it until the end of his contract), and uncertainty if he will get Advance Parole by April before his last contract.

Option 2:

Fiance leaves his contract 2-3 weeks early, goes to Colombia, completes medical and interview, comes to the US, and we get married as soon as possible, hopefully the first week of February. Submit the Advance Parole application, giving us close to a full 2 months before going back to sea.

The problems with option 2: taking 2 weeks off of work, uncertainty how much time he has to schedule his interview once paperwork is received.

A few additional questions:

Does he also need to wait for a work permit? Even if he is returning to the job he had before all of this began? (He already has a C1D visa and i-95)

I also read that the Advance Parole gives no guarantee that he will be let back into the country... would this apply to our situation?

Thanks VJ!

[aleful 1,905]

hi

he forgets about the job none of the scenarios possible without jeopardizing the petition

the k1 is for entering the country, getting married and filing for adjustment of status, which will take several months, and living with you in the US

the advance parole is included in the adjustment of status packet, and he can't leave the country until he has the advance parole which is used for visiting, not working elsewhere, plus he has to be in the country with you in case he get's an interview

if It is a short contract, in the future when he has his GC he could travel, but you have to think ahead in 2 years when he has to remove conditions to prove bona fide marriage.

remember the GC is for living and working in the US, now if it's a short term job, such as a month and you won't be separated long or he won't be very long out of the country he can do it in the future

unless you want to withdraw the k1 and decide when he finishes his second contract

Edited November 29, 2016 by aleful