Please, please help.

I'm from Scotland, and my fiance is from America. Before filing for a K1 visa, I phoned the American embassy in London, and was told that it would be possible to marry my fiance in Virginia; and then come back to Scotland to celebrate with my family and friends at a blessing. We were told that we could do this before filing for adjustment of status.

We booked flights, a venue, flowers, the whole works. The wedding in Virginia was booked on the 3rd of July, and the blessing in Scotland was booked for the 9th of July. We were booked to fly back on the 5th of july, and return to America on the 17th.

Yesterday, I went for a visa interview, and I was told that this wasn't possible. I was told that I'd have to talk to the immigrations officer (as I enter the united states) about getting advance parole, and that he could choose to issue one to me at the airport, going into the country.

Having trawled through websites, (including this one) and having my fiance phone the USCIS, I've learned that this might not be true. Apparently Advance parole takes around two months to get, and can only be filed for AFTER the wedding, which would make all our bookings, including flight bookings, null and void. Plus, having been booked ahead, this would not constitute an emergency situation, so there's a large chance we wouldn't even qualify for advance parole.

We've recieved so many conflicting responses, and I'm really at a loss to what the procedure is, and how we can go about doing this. Is it possible?

I'm going to recieve my K1 visa in the next week, (I was approved) and I could REALLY use any information or thoughts you have.

Oh boy, this is very difficult. Advanced Parole cannot be applied for until you file for Adjustment Of Status. And it does, indeed, typically take 2 months to receive the AP documents after applying.

You will qualify for AP, no question of that. You just explain why you think you will need it. In my wife's case, her mother is getting on and she wanted to have the flexibility to go to the UK if the need arose before she got her Green Card. She explained that on her application. Perhaps you, too, have aging parents?

As regards emergency AP, you will have to go to the local USCIS office near to where you will be staying to apply. Here's my suggestion as to how you MIGHT be able to achieve what you are after:

1. Get an Infopass appointment for the Virginia USCIS office for the 4th of July.
2. Get all of your AOS documents (I-485, I-765, G-325A, I-131, I-864) filled out in advance of your Virginia wedding. Make a copy of everything you are going to send.
3. Get married in Virginia on July 3rd.
4. Find a way to get your courthouse certified marriage certificate either on the 3rd, immediately after your wedding, or first thing on the 4th. Get a few certified copies at this time - it'll make things simpler in the future. In Palm Beach County, where we live, the courthouse walked our marriage registration through the process hile we were there. They had this expedited process that we were able to take advantage of. Perhaps your Virginia courthouse can do the same thing? Have your fiancee check into this right away.
5. Post your AOS package, return receipt requested, to the Chicago lockbox.
6. Go to the infopass appointment and take the copy of your AOS package, the post office receipt slip for your package, your certified marriage certificate, and copies of the documents that show what you've booked in Scotland.
7. Hope for a sympathetic USCIS official.

I wish you the best of luck, but I honestly don't hold out much hope. Perhaps you should consider rescheduling your Scottish blessing to a later date, probably towards October or thereabouts.

Maybe your fiancee could schedule an infopass appointment for this week and go and ask what your chances are?

G

Hi and welcome to VJ... I am sorry to have to tell you that what you intend to do is not possible... if you leave the US after getting married and you do not have AP then you will have to file for a K3 visa to come back into the states.

Is there anyway to can move the date of your blessing in Scotland to say late fall by then you will have your AP..

Sorry you have been given bad info from people who you should be able to trust... but this happens all the time...

Kezzie

Thankyou very much, to both of you, especially gag54611 for a very detailed answer! That's probably the route we're going to take, since it seems to pretty much be our only chance.

If we don't get it, then people back home are going to be SO disappointed. Or we go back, do the blessing and wait to apply for the K3. I don't know. I'm thinking about getting an immigration lawyer, just in case there's a loophole somewhere, but I think you're both right, and getting the AP done quickly is our only option.

Do you think that anywhere will be open on the 4th of july? USCIS office, courthouse, etc?

Technically they were correct. They just failed to mention two important points: that you need to do apply for an AP, and that it takes longer than two weeks to receive it.

Definitely do what gag54611 suggests, but try for the INFOPASS appointment on the 5th, and be completely prepared to reschedule your blessing back in the fall

And anything open on the 4th of July?? The guys selling fireworks and beer, and that's probably it.

Maybe if your due to get your visa this week you could bring your wedding in VA forward??.......you will probably have a better chance of getting AP with more time to spare

Hi, I know everyone will give you different opinions but I've been there too, and I would suggest, cancel the Virginia wedding for july 3rd. Stay in your homecountry, have your blessing there and then travel to Virginia and have the justice of the peace, etc you have planned... Once you are in Virginia you will have time to apply for the Adjustment of Status and you wont have to worry about as much. Believe me!!! I applied for my AP over two months ago and it's still not here, you dont want that extra-stress on you... I know you already paid alot of money but this is best, truly believe me...

Good luck!

p.s. someone suggested get an infopass appointment on 4th of july... that's independence Day, it's a holiday, they dont work that day...just so you know

That would be nice, except your USC fiancee will have to apply for a fiancee visa from the UK... and there is no such thing as a blessing in the UK if the two individuals aren't already married.. if it's your first marriage and it's in front of a minister, it's a legal marriage.. no marriage license required. It's only a blessing if you're already married.... Already married = no K1...

No loopholes... it's pretty irontight.... Either move the date of your wedding in VA up, or the date of your blessing in the UK back... The schedule as you have it is not possible....

The other hitch is that you aren't eligible to apply for AP until you've applied for AOS... it could take up to a month to get the receipt for AOS that you'll need to apply for AP...

So you both have to make a decision with where you really want your wedding to be and what your goals are... and then let the immigration route you need follow that decision.

If you want your legal wedding to be in Scotland and keep that July date, then you'll have to apply for a K3 after you're married and let the K1 go. If you want your legal wedding to be in VA, then you should move it up to have any chance of getting AP before your Scotland wedding comes up... but it doesn't look good..