Aos/ alien parole card

[Danielle33774 0]

Hoping someone can help me, we have a k1 approved, but his job in Qatar is asking him to take 30 days unpaid leave to come for our wedding and to file his AOS. Then go back and finish working for a few more months then issues his end of service and move here perminately. 

My question if he leaves while his alien parole is in process can I just send it to him so he can come back to the states ? I called the us visa center and they were very vague and tried to cal attorneys but they just want to file the aos for us. Any help is appreciated just don't want to make a wrong decision 

[Hypnos 6,578]

No. If he departs the US before his Advance Parole has been approved then his AoS application will be considered abandoned by USCIS and he will need to begin over.

[cyanmavi 101]

You can get married and file for a CR1 visa for him as your spouse. Then he can go back and he can work while the visa process continues for an estimated 12-14 months. He would become a permanent resident when he comes back.

It is visa fraud to enter the US with the intention to stay and file AOS.

[dnp2014 44]

With K-1 he need to spend min 4-5 months in US. 

 

 

 

 

[jan22 3,056]

11 minutes ago, cyanmavi said:

You can get married and file for a CR1 visa for him as your spouse. Then he can go back and he can work while the visa process continues for an estimated 12-14 months. He would become a permanent resident when he comes back.

It is visa fraud to enter the US with the intention to stay and file AOS.

He has a K-1 -- no fraud involved what-so-ever.  

 

But, others are correct -- once you leave the US, you have no status, so there is no way an adjustment of status can continue.

[Dashinka 24,747]

Another option is that the K1 is valid for six months from the date of the interview or medical exam (whichever was first).  Look at the expiration date of the K1, and if he can finish his work assignment in that period, have him do it, then he is free to come to the US and do everything necessary to get his GC.

 

Good Luck!

[Cyberfx1024 7,980]

1 hour ago, Danielle33774 said:

Hoping someone can help me, we have a k1 approved, but his job in Qatar is asking him to take 30 days unpaid leave to come for our wedding and to file his AOS. Then go back and finish working for a few more months then issues his end of service and move here perminately. 

My question if he leaves while his alien parole is in process can I just send it to him so he can come back to the states ? I called the us visa center and they were very vague and tried to cal attorneys but they just want to file the aos for us. Any help is appreciated just don't want to make a wrong decision 

Is he trying to get his end of service bonus, and will he get it if he goes back and works his time in Qatar?

[Danielle33774 0]

2 minutes ago, cyberfx1024 said:

Is he trying to get his end of service bonus, and will he get it if he goes back and works his time in Qatar?

Yes and it's a decent amount of money 

[SkruDe 311]

13 hours ago, Danielle33774 said:

Yes and it's a decent amount of money 

Your best option is to wait and have him finish his work service then.  If he comes to US to marry, then leaves before AP, he will NOT be allowed back in and you will be starting all over again at step #1.