Advanced Parole

[satousa2018 0]

Hi guys, 

 

I was hoping you could help. I filed my Adjustment of Status from a K1 VISA along with an application for the travel document and work authorisation, and the problem is that it's been over three months and I've heard nothing beyond the NoA1 on the travel document.

 

At this point I need to travel back home to sort out a few things I never managed to get to before flying over to marry my fiance and to see my mother before she moves to India but I don't see any signs of USCIS approving my application by the end of this month.

 

Just a few questions:

- Once my travel document has been approved, would I be able to travel and have my fiance's family FEDEX me the travel document while I'm in my home country to get back in?

- What would happen if I left the US before the document has been approved on the South African passport I used to enter the country?

- What would happen if I left the country on my German passport and returned on an ESTA? (I can guess that this would probably be a huge problem).

- Is there any way I can speed up this process or get a better idea of where along the timeline the approval of my travel document is?

 

Thanks

[Roel 7,192]

You can't return on esta. 

If you leave without the approved document, you will not be allowed to come back to the US again. You will have to file for spouse visa and wait over a year for approval. 

 

You're almost there. You can get your combo card any day now so really don't try to risk everything and travel. 

[anth1992 1]

Okay Buddy you're asking a lot here so let me try to break it down for you:

 

The steps for the K-1 Visa are very straightforward. First you petition to be recognized as a spouse and submit all required documents, next you submit for the visa and submit all required documents, and next comes adjustment of status under family-based immigration which is looked at by the U.S. CIS as a priority.

 

The thing about the work authorization form is that it is usually submitted along w/ the I-485 this is because the work authorization is good for 3 months only.

Your I-485 approval does three things:

1. Allows you to be legally recognized as a U.S. Permanent Resident with conditions depending on when you submitted (<2 years of marriage)

2. Allows for the holder of the Green Card to legally work in the United States and all outlying territories

3. Allows the holder of the Green Card legal rights to property, title, and taxes as any U.S. Citizen.

The Green Card allows the individual to LEAVE and ENTER the U.S. without another U.S. visa as the holder of the Green Card is a recognized permanent resident.

In answer to the multiple passport concerns you are addressing, USCIS will flag you as entering illegally into the U.S. if you use you German passport as a form of entrance instead of the South African passport you were legally admitted into the United states with. You'd be in deep dod-doo if you do that.

 

PLEASE WAIT for the USCIS to finish their process, and contact the South African embassy in order to re-issue a valid South African passport.

[Boiler 44,971]

They take 4 to 6 months currently.

[SamSam85 47]

Any one knows how long "expedite review" takes? USCIS mentioned that my case (EAD) was sent for expedite review. Please comment if you know.

[Ebunoluwa 6,136]

After an expedite request it can take 4 weeks to get the expedite approved.