Advanced Parole (outside US)

[db2016 100]

Hi All, 

 

Sorry if this has been asked before. I am in a bit of a dilemma. I applied for a K1 visa for my fiance. We plan on doing our religious and legal marriage ceremony here in the US but want to have a reception in his home country for his family after we get married. We plan on doing AOS, AP and EAD all at once. Assuming the AP does not come through in time for when our reception is planned, if he travels outside the country, can I apply for AP when I get back (and he stays in his home country)? At this point I am already his wife, so not his fiance any more. 

 

I was looking at the AP application and there is a portion that asks if you are applying for someone outside of the country, it even goes as much at ask if you want it delivered to a home address or the US embassy in the beneficiary's country?

 

Thanks!

[Georgia16 2,858]

No if he travels without it his AOS will be abandoned and denied.

 

He will have to wait til he has the card in hand before doing that. 

[db2016 100]

 

1 minute ago, Georgia16 said:

No if he travels without it his AOS will be abandoned and denied.

 

He will have to wait til he has the card in hand before doing that. 

Thanks! So follow up question, lets say I dont apply for AP for him, can we travel and I apply when i get back? I am just trying to understand why the AP application would ask specifically if the person is outside the US? like under what circumstances would that be ok?

[Unlockable 7,314]

Agreed.

 

He should NOT leave the US until the EAD/AP combo card is in his hand.

[kzielu 1,149]

8 minutes ago, hy2016 said:

 

Thanks! So follow up question, lets say I dont apply for AP for him, can we travel and I apply when i get back? I am just trying to understand why the AP application would ask specifically if the person is outside the US? like under what circumstances would that be ok?

It would be ok under circumstances when you feel like doing spousal visa and waiting for about a year until your spouse is back in the country. Second he leaves without approved AP, he abandons his AOS.

[DrEllaNJ 288]

the AP if you're outside of the country is if you've been away for more than 6 months or a year on your Green Card, and would like to get back in. 

The order is this: enter on K-1, get married in the US, get your marriage certificate, apply for AOS/EAD/AP, receive your AP/EAD card about 3-4 months after your package is accepted, travel to his country for reception, receive green card.

 

AP is based on a pending petition, (not K1), so you can't apply for it beforehand. I wouldn't plan the reception for less than 5 months after you send the paperwork, so that can easily be 6 months after your marriage here in case you have to wait for the marriage certificate.

 

We submitted everything June 1st and had a reception in my home country in December. I still fit in my wedding dress

 

[db2016 100]

1 minute ago, DrEllaNJ said:

the AP if you're outside of the country is if you've been away for more than 6 months or a year on your Green Card, and would like to get back in. 

The order is this: enter on K-1, get married in the US, get your marriage certificate, apply for AOS/EAD/AP, receive your AP/EAD card about 3-4 months after your package is accepted, travel to his country for reception, receive green card.

 

AP is based on a pending petition, (not K1), so you can't apply for it beforehand. I wouldn't plan the reception for less than 5 months after you send the paperwork, so that can easily be 6 months after your marriage here in case you have to wait for the marriage certificate.

 

We submitted everything June 1st and had a reception in my home country in December. I still fit in my wedding dress

 

wow that was so helpful! thank you so much for that! good luck, I already ordered my dress, but it is so hard setting a date when we havent even received a visa yet

[Georgia16 2,858]

14 minutes ago, hy2016 said:

 

Thanks! So follow up question, lets say I dont apply for AP for him, can we travel and I apply when i get back? I am just trying to understand why the AP application would ask specifically if the person is outside the US? like under what circumstances would that be ok?

Sure if you want to wait another year apart. If he leaves without that card then you will have to apply for a spousal visa and it takes about a year to get. There is no other way around then wait for the AP card or the GC.

[f f 725]

mabye do the reception on your first anniversary so you don't risk leaving the country without ap and being stuck having to get a spousal visa.

[db2016 100]

Just now, f f said:

mabye do the reception on your first anniversary so you don't risk leaving the country without ap and being stuck having to get a spousal visa.

yeah sadly we can't do that but i think we will give it a 6 month buffer.

[DrEllaNJ 288]

7 minutes ago, hy2016 said:

yeah sadly we can't do that but i think we will give it a 6 month buffer.

Do keep in mind that RFE (requests for evidence) can delay the entire application. So make sure you 1) file for AOS ASAP, 2) you file everything asked for correctly... still, I'd be careful with planning anything too definite. As you can see from my example, 6 months from filing AOS is probably fine. Still, nobody can guarantee anything, sadly...

 

Good luck!

Edited April 14, 2017 by DrEllaNJ

[inloveVEN 46]

you always have to keep in mind that K1 is not a migratory visa, that is only valid in one way. so when you get marry before the 90 dayy. you can apply for aos. and in this moment is the earliest time that you can apply for an AP and EAD. If the beneficiary left the country before this documents appear in your home, then all the K1 process will be terminated and you wont be able to AOS in the same K1 path you are using. Then you will need to start a new process CR1/IR1 because you are already married and wait outside the country till the new process end. 

for example we received the EAD/AP 4 month after filling the petition

Edited April 14, 2017 by inloveVEN
need to add more words

[geowrian 22,337]

You can technically have AP or a re-entry permit delivered to an embassy/consulate abroad and pick it up there, hence those fields on the form (along with some other fringe cases). But the moment you leave the US while waiting for AOS and without AP, the AOS application is abandoned. You will need to request and actually receive AP before you plan to travel abroad.

[db2016 100]

2 hours ago, geowrian said:

You can technically have AP or a re-entry permit delivered to an embassy/consulate abroad and pick it up there, hence those fields on the form (along with some other fringe cases). But the moment you leave the US while waiting for AOS and without AP, the AOS application is abandoned. You will need to request and actually receive AP before you plan to travel abroad.

Thanks! I always appreciate your responses and insight @geowrian

[TBoneTX 45,324]

*** Thread is moved from the K-1 Process forum to the Working & Traveling forum -- topic involves that stage. ***