Traveling without Advance Parole

[Krikit 1,164]

Found this on the CBP website:

Question Do I need advance parole to travel if I am here on a non-immigrant visa and have applied to adjust my status to Legal Permanent Resident? Answer For most visa categories, you do have to apply for advance parole to travel internationally if you have applied to become a legal permanent resident (LPR). Failure to obtain advance parole BEFORE departing the U.S. effectively invalidates your LPR application. It is not enough to have applied for advance parole, you must have received approval before you travel.

There are three exceptions to the requirement for non-immigrant visa holders to apply for advance parole. Those here in H1B, L and K3/4 status - and their dependents - do not require advance parole to travel after applying to adjust their status. (K1/2 visa holders who have married a U.S. citizen must apply for LPR status and advance parole prior to international travel.)

[Karaoke 0]

Just curious... how did it go with your wife in the end? Is she waiting in Spain or in the US now?

Just to give everyone an update here. Had the wife go to the US Embassy in Madrid and explain the situation. Embassy staff told her that she would be able to re-enter the country and that she would just have to explain what happened to the immigration official IF they even ask her anything. I am a skeptic so made her go back again the next day and ask again.....same answer. So, I will be back with an update to let everyone know how things turn out. Of course the caveat is that she will only be allowed to stay for 90 days and then return to Spain until we get the new IR-1 visa.

Diverdown

[luv2teach77 41]

I just found something he posted today in the K-3 / CR-1 forum so I'm guessing he had to file the I-130...

Cristene & Matt----IR-1/CR-1-09/21/07-- 01/04/08-- 09/01/06-- 10/25/06-- 01/10/07-- 00/00/00

Actually this is only partly accurate. You see my wife was approved for a K-1 in Jan. 2007, got married. But, then she had to return home because of an emergency and we could not wait for AP. So, we had to start over again with the I-130. The received date for VSC is 09-21-2007, NOA1 is 01-04-2008, Online with USCIS 02-24-2008. No touches....nada since that time. So, we are in the same situation as every one else. The entire system is flawed on every level. I mean we get married here, but she has to leave for a bona-fide emergency and she cant come back without filing I-130?!!!

I guess he hadn't heard of or didn't have time for an infopass for Emergemcy AP ??

Mark