Emergency AP for husband who entered on a non-immigrant visa?

[LorraV 0]

Can anyone help me better understand when my alien husband is safe to leave the country and return?

We just got married last week and mailed in our application for an I-130 Petition for an Alien Relative and a green card (to be exact: I-130, I-864 & I-864a, I-765) several days ago (we did all this under the advice of an immigration lawyer). His sister is getting married July 28th in Australia (his country) and has been planning this important event for a year. Since their father died 2 years ago, my husband was planning on walking his sister down the aisle and if he can’t do this many family members and friends have threatened to disown him.

We do not want to take any risks on his leaving the country and not being allowed back in, since it would mean a long period of separation and great emotional and financial costs.

I know we can apply for an emergency Advanced Parole, but I’m afraid they wouldn’t see this situation as an emergency or won’t sympathize with him since we got married while he was here on a visa wavier. Also, there is no guarantee he would be allowed back in, even with this document. Also, I don’t know how long it would take to get an AP or an emergency AP.

In addition to offering advice, does anyone have the links to information on this as well, because I would like to show it to his family as proof that he is not making “some bullshit excuse” (as one family member called it) not to attend his sister’s wedding.

Thanks so much everyone!

[Kez/JWolf 6]

You did not say what visa he entered on but I will assume it was a tourist visa as you have filed for I-130.... he should not leave the US until he has his greencard.... yes you can file for an AP takes about 90+ days to get but he could be denied re-entry and using AP when his original entry was on a tourist visa or VWP has legal consequences if you had any problems doing AOS. if you were denied AOS for any reason he would have no right of appeal as the right is given up when you use a VWP to enter...

You would not get an emergency AP as a wedding is not a life or death situation...

Kez

[homesick_american 1]

I thought people who entered on tourist visas then got married were not permitted to stay in the USA while their applications were being processed. That's what the K-1 is for.

[Kez/JWolf 6]

I thought people who entered on tourist visas then got married were not permitted to stay in the USA while their applications were being processed. That's what the K-1 is for.

AS long as you did not plan to enter on a tourist visa and get married and remain as a way to get round the immigration laws then yes you can file for AOS and remaun here while it is processed....

Kez

[LorraV 0]

Thanks for your help!!!

[Killer_Clown_2009 0]

I'd advise you to try to get the emergency AP even if someone here tells you that they won't grant it. People here have been known to be incorrect and office policies differ.

[LaL 418]

I'd advise you to try to get the emergency AP even if someone here tells you that they won't grant it. People here have been known to be incorrect and office policies differ.

I don't think the issue members are cautioning against is the not granting the AP - its getting back in the country on AP IF the immigrant spouse has an overstay associated with their file.

[Killer_Clown_2009 0]

I was responding to this opinion "You would not get an emergency AP as a wedding is not a life or death situation... "

[Killer_Clown_2009 0]

There is the information on AP from the USCIS site, if you needed it to show to his family.

[Dr_LHA 3]

We just got married last week and mailed in our application for an I-130 Petition for an Alien Relative and a green card (to be exact: I-130, I-864 & I-864a, I-765) several days ago (we did all this under the advice of an immigration lawyer).

I hope you also filed I-485.

[Killer_Clown_2009 0]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD