Is a graduation ceremony a good reason to ask for advance parole (i-131) after a k1 visa?

[Sisi1992 32]

Hello you all!

 

I tried to search online about this, but the answers are mostly about DACA recipients who wish to study abroad.

 

My situation is this: I'm doing the last exams of my MSc. My American fiancé and I have also applied for a k1 visa. I thought I would have been done with university within the processing time for the visa, but things are getting a bit longer now and it's possible I'll get my visa before I will be able to discuss my thesis and get the degree. 

 

From what I understand, the k1 visa is valid for six months after it's adjudicated, and the timeline on visajourney says that it's possible I'll get it around november. I'll probably have my graduation ceremony in january or march, it really depends how long it will take to write the thesis. It might take longer.

 

I've always thought I'll just wait after the ceremony to move to the US, but today I was wondering if the advance parole might be an alternative. 

 

Like, traveling to the US as soon as I get my visa, get married and apply for adjustment of status right away, and eventually come back to Italy with advance parole to discuss my thesis and complete the master. I wouldn't mind to push it back a little bit, it doesn't really have to be in January or March, the important thing for me is just to complete it.

 

Is that even a possibility? Would I be able to obtain an advance parole for a reason like this, or it's not even worth a try?

 

I know it's mainly just overthinking right now, but better safe than sorry! The whole degree + visa all together is stressing me a lot, and knowing if there is an alternative would really give me some peace of mind.

 

Thank you to whoever will answer me

[JeanneAdil 6,400]

you would not get AP in time to travel back if your visa is approved as you think

but you could delay the visa process by not scheduling the interview till you're ready

OR do the interview and not the medical exam (as the approval will wail on exam results )  visa is good for 6 months after medical 

 

i would not worry untill you know the case has gone to embassy /November may not be likely

 

 

Edited August 3, 2021 by JeanneAdil

[mushroomspore 3,043]

10 minutes ago, Sisi1992 said:

Hello you all!

 

I tried to search online about this, but the answers are mostly about DACA recipients who wish to study abroad.

 

My situation is this: I'm doing the last exams of my MSc. My American fiancé and I have also applied for a k1 visa. I thought I would have been done with university within the processing time for the visa, but things are getting a bit longer now and it's possible I'll get my visa before I will be able to discuss my thesis and get the degree. 

 

From what I understand, the k1 visa is valid for six months after it's adjudicated, and the timeline on visajourney says that it's possible I'll get it around november. I'll probably have my graduation ceremony in january or march, it really depends how long it will take to write the thesis. It might take longer.

 

I've always thought I'll just wait after the ceremony to move to the US, but today I was wondering if the advance parole might be an alternative. 

 

Like, traveling to the US as soon as I get my visa, get married and apply for adjustment of status right away, and eventually come back to Italy with advance parole to discuss my thesis and complete the master. I wouldn't mind to push it back a little bit, it doesn't really have to be in January or March, the important thing for me is just to complete it.

 

Is that even a possibility? Would I be able to obtain an advance parole for a reason like this, or it's not even worth a try?

 

I know it's mainly just overthinking right now, but better safe than sorry! The whole degree + visa all together is stressing me a lot, and knowing if there is an alternative would really give me some peace of mind.

 

Thank you to whoever will answer me

It would largely depend on when exactly you get the K1, enter the US with it and then file for adjustment of status. Advanced Parole is taking 6-8+ months on average (notice the "+" sign, meaning you could take a while...). Mine took 8 months back in 2017-2018, long before COVID. So there is that to take into consideration. You don't need a "good reason" to apply for Advanced Parole if you're filing for adjustment of status. You can just file for Advanced Parole and you should get it without issue.

[Sisi1992 32]

3 minutes ago, mushroomspore said:

It would largely depend on when exactly you get the K1, enter the US with it and then file for adjustment of status. Advanced Parole is taking 6-8+ months on average (notice the "+" sign, meaning you could take a while...). Mine took 8 months back in 2017-2018, long before COVID. So there is that to take into consideration. You don't need a "good reason" to apply for Advanced Parole if you're filing for adjustment of status. You can just file for Advanced Parole and you should get it without issue.

Thank you! I don't know why I was sure I needed some good reason to ask for advance parole, I'm overthinking this whole process too much probably. Maybe I'll see at which point of my degree I'll be when the time comes and then decide what to do accordingly.

[Sisi1992 32]

5 minutes ago, JeanneAdil said:

you would not get AP in time to travel back if your visa is approved as you think

but you could delay the visa process by not scheduling the interview till you're ready

OR do the interview and not the medical exam (as the approval will wail on exam results )  visa is good for 6 months after medical 

 

i would not worry untill you know the case has gone to embassy /November may not be likely

 

 

Thank you for your reply! I don't really mind to delay the graduation if that means starting sooner with the AoS and green card stuff, but your suggestions are very useful and I think I'll just try to understand how long it will take for me to graduate when the time for the embassy appointment comes, and act on that. 

[mushroomspore 3,043]

Just now, Sisi1992 said:

Thank you! I don't know why I was sure I needed some good reason to ask for advance parole, I'm overthinking this whole process too much probably. Maybe I'll see at which point of my degree I'll be when the time comes and then decide what to do accordingly.

It's okay. Logically, it makes sense to ask and with stuff like this, I think it's better to ask than to assume. Yeah, unfortunately, there is no way for anybody to predict the exact dates of your case. You won't know until you get the notifications that things have been approved etc. Even after the interview, it may take a few days for the embassy to say your passport is ready with the K1 visa inside. Additionally, you don't know what other personal things that may come up around that time that you have to deal with it before finalizing your move to the US. So we tend to tell people here, "Do NOT make plans until you have your passport (or whatever documentation/visa etc) physically in your hands." Apply for the I-131 when it's time to do so and make your decisions from there.