Any chance at all

[waynegeraldine 0]

Hello, my fiance decided stupidly to travel without AP, and now wants to come back, she has very little time before the 90 days is up, does she stand chance of being allowed back in the country without parole.

[john_and_marlene 162]

Hello, my fiance decided stupidly to travel without AP, and now wants to come back, she has very little time before the 90 days is up, does she stand chance of being allowed back in the country without parole.

Did you get married?

If you did not get married yet, there is a chance to get the K-1 modified for an additional entry by the consulate where it was issued, but you will still be required to get married before the original 90 days is expired. If it is very close to the 90 days, the consulate may be much less willing to do that.

If you already got married, you will need to start a new spouse petition.

[Dylan'sWife 2]

Hello, my fiance decided stupidly to travel without AP, and now wants to come back, she has very little time before the 90 days is up, does she stand chance of being allowed back in the country without parole.

I doubt it.

From what I know, the one time entry visa was already activated when she first entered the US. Getting married prior to the 90 days being completed is the second part of the process on the road to preforming the AOS.

I have only heard of one person that left the US prior to receiving AP ( but they were already married when she left) and when they tried to re-enter they were refused admission. The couple was forced to remain apart while waiting for the K3/CR-1 route.

May I ask, why in the hell would she do this?

[Dan J 277]

You can only get it reactivated at the embassy or consulate, if you haven't married yet and you still have time left on the 6 months visa validity.

[YuAndDan 153]

Fiancee should go to the Embassy, and get the visa re-issued, if they re-issue the visa it will have the expiration set to the same date as the I-94 card from first entry.

They may want a good reason for traveling abroad before marriage and adjustment of status on the K-1

You can only get it reactivated at the embassy or consulate, if you haven't married yet and you still have time left on the 6 months visa validity.

They will set the expiration to 90 days after the first use of the K-1, not 6 months.

[payxibka 10,045]

You can only get it reactivated at the embassy or consulate, if you haven't married yet and you still have time left on the 6 months visa validity.

Once the entry on a K-1 has occured the 6 month clock is forever gone and the 90 day clock has begun. A second entry (if revalidated) is governed by the original 90 day clock that began on the first entry.

[~Laura and Nick~ 5]

Wow, that sucks.

I hope she can get it re inactivated! That's if you guys aren't married.

Good luck!

[Jesse and Hema 2]

A bit of a side-question...

The application for AP has an option to ship the AP documents to an overseas address.

If a married K-1 entrant leaves the USA before AP is granted, wouldn't this imply that the AP could be applied for and delivered overseas to permit the immigrant's re-entry?

(I know nothing about this, I'm curious if anyone else knew any more about this scenario, and if anyone knows why else there'd be an option to deliver the AP documents overseas)

Thanks!

[john_and_marlene 162]

A bit of a side-question...

The application for AP has an option to ship the AP documents to an overseas address.

If a married K-1 entrant leaves the USA before AP is granted, wouldn't this imply that the AP could be applied for and delivered overseas to permit the immigrant's re-entry?

(I know nothing about this, I'm curious if anyone else knew any more about this scenario, and if anyone knows why else there'd be an option to deliver the AP documents overseas)

Thanks!

The I-131 is used for both Advance Parole and Reentry permits. The reentry permit can be applied for and delivered to an overseas address. AP must be received prior to departing the U.S.

[Jesse and Hema 2]

The I-131 is used for both Advance Parole and Reentry permits. The reentry permit can be applied for and delivered to an overseas address. AP must be received prior to departing the U.S.

Thanks!

[john_and_marlene 162]

If a K1 leaves the U.S. after marriage without AP and after filing for AOS, the petition is deemed abandoned.

If a K1 leaves the U.S. after marriage without filing for AOS, there are no grounds for reentry.

[YuAndDan 153]

A bit of a side-question...

The application for AP has an option to ship the AP documents to an overseas address.

If a married K-1 entrant leaves the USA before AP is granted, wouldn't this imply that the AP could be applied for and delivered overseas to permit the immigrant's re-entry?

(I know nothing about this, I'm curious if anyone else knew any more about this scenario, and if anyone knows why else there'd be an option to deliver the AP documents overseas)

Thanks!

The act of travel before having AP is considered by USCIS to be abandonment of the Adjustment of Status. AP is not the same as a Re-entry permit.

A Re-Entry permit is for a person that already has green-card, but is out of the country more than 1 year, case being they traveled abroad for a short trip, but for some reason it went longer than planned, so re-entry permit can be delivered overseas to allow re-entry from the extended trip.

[waynegeraldine 0]

We are not married and we have less than 1 week. NVC told me to send her to the embassy in Jamaica. I don't think we have enough time.

Oh boy!!.

[john_and_marlene 162]

We are not married and we have less than 1 week. NVC told me to send her to the embassy in Jamaica. I don't think we have enough time.

Oh boy!!.

If they don't reissue it, you will need to start over again with a new I-129F petition.

[john_and_marlene 162]

If they will reissue it immediately and she flies to the U.S. tomorrow, you can fly together to one of the states that don't have a residency requirement and allow for immediate same day marriages (Las Vegas). You could be done by this weekend.