Reasons for Advance Travel Parole

[AJeane 7]

My fiance is thinking of coming on his K1 visa and getting married and then filing for AP to be able to go back and work on the paperwork for his children so he can bring them to the US with him. Is this feasible? Will the USCIS grant the AP for this reason?

[OldUser 6,614]

16 minutes ago, AJeane said:

My fiance is thinking of coming on his K1 visa and getting married and then filing for AP to be able to go back and work on the paperwork for his children so he can bring them to the US with him. Is this feasible? Will the USCIS grant the AP for this reason?

1) It may take many months to receive AP

2) Why not just marry, file I-130 and consular process?

 

K-1 and AOS are primarily for those who want to come to the US and go through immigration while living in the US. It's more expensive, more restrictive in terms of travel than CR-1 / IR-1

Edited November 2, 2023 by OldUser

[Boiler 45,451]

You do not need a reason for AP, but a silly plan,

[AJeane 7]

28 minutes ago, OldUser said:

1) It may take many months to receive AP

2) Why not just marry, file I-130 and consular process?

 

K-1 and AOS are primarily for those who want to come to the US and go through immigration while living in the US. It's more expensive, more restrictive in terms of travel than CR-1 / IR-1

What do you mean by consular process? What's that? 

 

We've already applied for the K1 visa in September 2021. He's already had his interview and the visas are just being held up by some of the paperwork for his kids. 

[OldUser 6,614]

4 minutes ago, AJeane said:

What do you mean by consular process? What's that? 

 

We've already applied for the K1 visa in September 2021. He's already had his interview and the visas are just being held up by some of the paperwork for his kids. 

Oh ok, didn't realize visa was aleady granted. Too late then.

FYI it can take over a year to receive a AP.

[powerpuff 6,687]

1 hour ago, AJeane said:

Will the USCIS grant the AP for this reason?

You don’t need to put any reason and where it asks for travel plans you would put TBD.

 

*** Topic moved from AOS K1 forum to Working & Traveling during US Immigration forum where AP questions are discussed ***

 

Edited November 3, 2023 by powerpuff

[AJeane 7]

17 minutes ago, powerpuff said:

You don’t need to put any reason and where it asks for travel plans you would put TBD.

 

*** Topic moved from AOS K1 forum to Working & Traveling during US Immigration forum where AP questions are discussed ***

 

I think I need to re-word the question or explain a little bit more. My fiance would need to travel back to his country within a few months of coming here on his K1 visa so that he can work on getting the children's passports(It's a long story, but he's been working on getting their IDs and passports for years now.) So that they can come to the US with him on K2 visas. This would need to happen within a year from when my fiance gets his K1 visa. Right now, my fiance can send in his passport and get his K1 visa anytime. We're trying to get the issue with the kids passports settled first so that they can all travel together, but it's taking a long time.

[powerpuff 6,687]

1 minute ago, AJeane said:

I think I need to re-word the question or explain a little bit more. My fiance would need to travel back to his country within a few months of coming here on his K1 visa so that he can work on getting the children's passports(It's a long story, but he's been working on getting their IDs and passports for years now.) So that they can come to the US with him on K2 visas. This would need to happen within a year from when my fiance gets his K1 visa. Right now, my fiance can send in his passport and get his K1 visa anytime. We're trying to get the issue with the kids passports settled first so that they can all travel together, but it's taking a long time.

And USCIS will grant an AP once he comes to the US and files for adjustment but as it was mentioned, it can take months and it’s not unheard of some waiting a year. 

[Boiler 45,451]

AP seems to be taking 7 months but that is on average, could be quicker could be longer.

[K1visaHopeful 2,810]

42 minutes ago, AJeane said:

 

We've already applied for the K1 visa in September 2021. He's already had his interview and the visas are just being held up by some of the paperwork for his kids. 

If you've already applied and been approved for for K1 and K2 VisaS (plural) why would he need to...

1 hour ago, AJeane said:

... go back and work on the paperwork for his children so he can bring them to the US with him.

 

[AJeane 7]

3 minutes ago, powerpuff said:

And USCIS will grant an AP once he comes to the US and files for adjustment but as it was mentioned, it can take months and it’s not unheard of some waiting a year. 

Thanks for the answer! I know we can try to expedite it, but it seems like that's a gamble. I've heard that it's unlikely to be expedited for that reason. 

[AJeane 7]

4 minutes ago, K1visaHopeful said:

If you've already applied and been approved for for K1 and K2 VisaS (plural) why would he need to...

 

It's a very long story. To make a long story short, his kids don't have their IDs and passports yet. This is something my fiance has been working on for years. He's been making progress on this lately, but it might still take several months to complete. 

[SalishSea 17,809]

12 minutes ago, AJeane said:

I think I need to re-word the question or explain a little bit more. My fiance would need to travel back to his country within a few months of coming here on his K1 visa so that he can work on getting the children's passports(It's a long story, but he's been working on getting their IDs and passports for years now.) So that they can come to the US with him on K2 visas. This would need to happen within a year from when my fiance gets his K1 visa. Right now, my fiance can send in his passport and get his K1 visa anytime. We're trying to get the issue with the kids passports settled first so that they can all travel together, but it's taking a long time.

It may take 8-12 months for him to get AP.

 

You will need a Plan B.  K-1 is not a good choice if you want to be able to travel before the GC is received.

4 minutes ago, AJeane said:

It's a very long story. To make a long story short, his kids don't have their IDs and passports yet. This is something my fiance has been working on for years. He's been making progress on this lately, but it might still take several months to complete. 

Probably best if he delays travelling and sorts this out before coming over.  In general, the visa will be valid for six months from the date of the medical.

[leviiathan 206]

I want to stress that it can be 8-12 months after filing, NOT AFTER ENTRY. (Pointing it out because though it seems obvious, sometimes it can really fly over people's heads!) There's a few weeks/months after entry people tend to forget to account for. You may plan to marry and file the second you touch soil, but there can always be delays. Your entry could be processed wrong, applying for a SSN could take time, you might have some issues getting a marriage certificate, moving can cause stress and delays with paperwork, you never know what'll come up. 

When I entered, they processed me as b2 instead of K-1 and it took me weeks to get that fixed. Ended up filing AOS on my third month, instead of the first month like planned.

So your fiance could be waiting well over a year, to be able to travel. I heavily second the plan B, it's absolutely needed in this situation. You cannot rely on expedites, USCIS can take very long to answer those and them refusing to expedite your I-131 definitely isn't out of the question.
 

Edited November 3, 2023 by MissLadyRea

[Boiler 45,451]

Mine took less than 90 days......