Emergency Travel from US to UK

[DanT53 0]

Hello everyone!

 

Just thought I'd ask this question on here since I can't find any answers elsewhere. I am currently married to a US citizen and living in the US, I am submitting my adjustment of status documents this week. My father that lives in the UK with the rest of my family has unfortunately suddenly passed away. As his next of kin, I was wondering if anyone has any experience with putting in the i-131 for a funeral or anything similar. I would like to put in 2 weeks to make sure everything is settled and I can attend the funeral. I will have to put in the i-131 a week or so after the rest of the i-485 documents as my visa runs out on the 1st July and we are still waiting for the post-mortem before we can finalize a date for the funeral. Is traveling on a i-131 for the funeral going to affect my application for adjustment of status or will I be able to reliably leave the US for the funeral and return without any problems? Many thanks in advance to anyone that can help!

[OldUser 6,723]

I'm really sorry for your loss. It must be a very diffucult time for you and rge family.

 

Immigration wise, I don't know how much you know about the process, getting Advance Parole (I-131) is not going to be fast, even with a valid reason which you definitely have.

 

It's going to take 4-8 weeks to get USCIS accept documentation. Maybe 3 months or so do get AP approved if you have a valid emergency reason and you bug USCIS a lot with expedite requests and inquiries.

 

You cannot leave the US without abandoning AOS if you don't have I-131 approved.

 

The bullet proof solution would be leaving the US before visa expires and going through consular processing for GC (CR-1 immigration visa). The downside of this path is separation from your spouse, though you should be able to see each other by you visiting on ESTA and spouse visiting you on US passport.

 

If you decide to AOS, the chances are, you will miss the funeral with nearly 99% probability, unless you abandon the process.

 

 

Edited June 24 by OldUser

[K1visaHopeful 2,820]

You may concurrently file I485 and I131.

To expedite I131, you'll need a receipt notice for it and a copy of the death certificate for a parent, sibling or child.

With timelines how they are, to receive Noa1, you may have postpone funeral. 

[OldUser 6,723]

4 minutes ago, K1visaHopeful said:

You may concurrently file I485 and I131.

To expedite I131, you'll need a receipt notice for it and a copy of the death certificate for a parent, sibling or child.

With timelines how they are, to receive Noa1, you may have postpone funeral. 

The difficulty is getting anybody at USCIS paying attention to the application. Based on AOS threads, it's taking give or take 1.5-2 months for USCIS just to open the packet and send the receipt nowadays. Unless they know of urgent I-131, they won't even do anything for 1.5-2 months.

 

The only viable solution I see is going through CR-1 visa route.

Edited June 24 by OldUser

[K1visaHopeful 2,820]

2 minutes ago, OldUser said:

The difficulty is getting anybody at USCIS paying attention to the application. Based on AOS threads, it's taking give or take 1.5-2 months for USCIS just to open the packet and send the receipt nowadays. Unless they know of urgent I-131, they won't even do anything for 1.5-2 months.

 

The only viable solution I see is going through CR-1 visa route.

Do you ever wonder why I am a "Fill out your timeline" Zi, lol?

The OP posted this in a K1 forum. Post indicates they have an expiring visa which would not be a K1.

I'll reserve all further help until we have an accurate VJ timeline filed out by @DanT53!!!!

[powerpuff 6,713]

*** Thread moved from AOS K1 to Working & Traveling during US immigration ***

[OldUser 6,723]

6 minutes ago, K1visaHopeful said:

Do you ever wonder why I am a "Fill out your timeline" Zi, lol?

The OP posted this in a K1 forum. Post indicates they have an expiring visa which would not be a K1.

I'll reserve all further help until we have an accurate VJ timeline filed out by @DanT53!!!!

I agree, timelines help understanding the situation better. Whether OP is on K-1 or any other visa, or out of status, or on ESTA, it doesn't change the process for adjustment much. If they leave while it's pending - they'll abandon it. Nothing fundamentally would change.

Edited June 24 by OldUser

[DanT53 0]

4 minutes ago, K1visaHopeful said:

Do you ever wonder why I am a "Fill out your timeline" Zi, lol?

The OP posted this in a K1 forum. Post indicates they have an expiring visa which would not be a K1.

I'll reserve all further help until we have an accurate VJ timeline filed out by @DanT53!!!!

 

For some reason it won't let me fill out the timeline, it says the dates are too far apart but that's because I never formally received NOA2, it was sent by email a couple months after I was supposed to get it. I am indeed on a K1 visa. It expires on July 1st as I stated. But we are now married and I am submitting my AOS documents this week after seeing a civil surgeon for my i-693. How is it not a K1 visa just because it's expiring???

 

Thank you OldUser, everything you said was super helpful! I just wanted an ideas of whether it was possible or not to get to the funeral, but even if I can get the death certificate and go to support my family and sort out his estate as he has no will as his next of kin, that is fine with me as difficult as it will be not to attend.

[OldUser 6,723]

4 minutes ago, DanT53 said:

Thank you OldUser, everything you said was super helpful! I just wanted an ideas of whether it was possible or not to get to the funeral, but even if I can get the death certificate and go to support my family and sort out his estate as he has no will as his next of kin, that is fine with me as difficult as it will be not to attend.

You can definitely try adjusting and getting I-131 in this case. Just know the chance of pulling off I-131 approval in time is rather small. Good luck with the process and sorry about your loss again.