Help - Search - Members - Calendar
Full Version: CAN I APPLY FOR PAROLE BEFORE AOS
VisaJourney.com > General Family Based Immigration Topics > Working & Traveling prior to getting a Green Card

nugroove
This is my dilema, my fiance came in on the fiance visa this month. We will be doing the big wedding back home in December. My questions are this
1. Can i file for the parole before filing for the ADJUSTMENT OF STATUS
2. Do I need a marriage certificate to file for the parole, we plan on doing the court marriage on Friday
Please any assistance and clarification will be appreciated
desert_fox
QUOTE(nugroove @ Jul 28 2008, 12:09 PM) *
This is my dilema, my fiance came in on the fiance visa this month. We will be doing the big wedding back home in December. My questions are this
1. Can i file for the parole before filing for the ADJUSTMENT OF STATUS
2. Do I need a marriage certificate to file for the parole, we plan on doing the court marriage on Friday
Please any assistance and clarification will be appreciated


HE files for Advan Parole.
It can only be done after marriage as a part of the AOS package of petitions.
nugroove
QUOTE(desert_fox @ Jul 28 2008, 12:12 PM) *
QUOTE(nugroove @ Jul 28 2008, 12:09 PM) *
This is my dilema, my fiance came in on the fiance visa this month. We will be doing the big wedding back home in December. My questions are this
1. Can i file for the parole before filing for the ADJUSTMENT OF STATUS
2. Do I need a marriage certificate to file for the parole, we plan on doing the court marriage on Friday
Please any assistance and clarification will be appreciated


HE files for Advan Parole.
It can only be done after marriage as a part of the AOS package of petitions.

So are you saying that I cannot file for just the parole after the court wedding, then file for the AOS later
desert_fox
QUOTE(nugroove @ Jul 28 2008, 12:14 PM) *
QUOTE(desert_fox @ Jul 28 2008, 12:12 PM) *
QUOTE(nugroove @ Jul 28 2008, 12:09 PM) *
This is my dilema, my fiance came in on the fiance visa this month. We will be doing the big wedding back home in December. My questions are this
1. Can i file for the parole before filing for the ADJUSTMENT OF STATUS
2. Do I need a marriage certificate to file for the parole, we plan on doing the court marriage on Friday
Please any assistance and clarification will be appreciated


HE files for Advan Parole.
It can only be done after marriage as a part of the AOS package of petitions.

So are you saying that I cannot file for just the parole after the court wedding, then file for the AOS later


First of all, you dont file for anything...he does the filing. Read the instructions for the petition, its been a while, but I think that you need an receipt back for the I-485, or he can file concurrently with the AOS package.
YuAndDan
QUOTE(nugroove @ Jul 28 2008, 01:14 PM) *
QUOTE(desert_fox @ Jul 28 2008, 12:12 PM) *
QUOTE(nugroove @ Jul 28 2008, 12:09 PM) *
This is my dilema, my fiance came in on the fiance visa this month. We will be doing the big wedding back home in December. My questions are this
1. Can i file for the parole before filing for the ADJUSTMENT OF STATUS
2. Do I need a marriage certificate to file for the parole, we plan on doing the court marriage on Friday
Please any assistance and clarification will be appreciated


HE files for Advan Parole.
It can only be done after marriage as a part of the AOS package of petitions.

So are you saying that I cannot file for just the parole after the court wedding, then file for the AOS later
Yes, a K-1 has legal status of 90 days, if AOS is not applied for before leaving the USA, AP wont extend the time frame required to marry and file AOS.

Also I-131 costs $305 if not filed with AOS, and costs NOTHING if filed based on I-485.

timeline.gif http://www.visajourney.com/timeline/profile.php?id=36497
desert_fox
QUOTE(YuAndDan @ Jul 28 2008, 12:21 PM) *
QUOTE(nugroove @ Jul 28 2008, 01:14 PM) *
QUOTE(desert_fox @ Jul 28 2008, 12:12 PM) *
QUOTE(nugroove @ Jul 28 2008, 12:09 PM) *
This is my dilema, my fiance came in on the fiance visa this month. We will be doing the big wedding back home in December. My questions are this
1. Can i file for the parole before filing for the ADJUSTMENT OF STATUS
2. Do I need a marriage certificate to file for the parole, we plan on doing the court marriage on Friday
Please any assistance and clarification will be appreciated


HE files for Advan Parole.
It can only be done after marriage as a part of the AOS package of petitions.

So are you saying that I cannot file for just the parole after the court wedding, then file for the AOS later
Yes, a K-1 has legal status of 90 days, if AOS is not applied for before leaving the USA, AP wont extend the time frame required to marry and file AOS.

Also I-131 costs $305 if not filed with AOS, and costs NOTHING if filed based on I-485.

timeline.gif http://www.visajourney.com/timeline/profile.php?id=36497


But the question is...can he file for AP without filing the I-485. I dont think so, but Im too lazy to look it up.
FaustineJason
QUOTE(desert_fox @ Jul 28 2008, 07:26 PM) *
QUOTE(YuAndDan @ Jul 28 2008, 12:21 PM) *
QUOTE(nugroove @ Jul 28 2008, 01:14 PM) *
QUOTE(desert_fox @ Jul 28 2008, 12:12 PM) *
QUOTE(nugroove @ Jul 28 2008, 12:09 PM) *
This is my dilema, my fiance came in on the fiance visa this month. We will be doing the big wedding back home in December. My questions are this
1. Can i file for the parole before filing for the ADJUSTMENT OF STATUS
2. Do I need a marriage certificate to file for the parole, we plan on doing the court marriage on Friday
Please any assistance and clarification will be appreciated


HE files for Advan Parole.
It can only be done after marriage as a part of the AOS package of petitions.

So are you saying that I cannot file for just the parole after the court wedding, then file for the AOS later
Yes, a K-1 has legal status of 90 days, if AOS is not applied for before leaving the USA, AP wont extend the time frame required to marry and file AOS.

Also I-131 costs $305 if not filed with AOS, and costs NOTHING if filed based on I-485.

timeline.gif http://www.visajourney.com/timeline/profile.php?id=36497


But the question is...can he file for AP without filing the I-485. I dont think so, but Im too lazy to look it up.


Hello, I don't think it is possible to file for AP without applying first to AOS, because even if you file for AP separately from AOS, you'll need the NOA1 number to apply for AP...
When are you planing on having the civil wedding in the US? And the big ceremony back in your country, when do you think it will take place?
Kathryn41
AP is for someone who has an application in process to adjust status from non-immigrant to immigrant. Until you file AOS there is no status upon which an AP can be issued as it is dependent upon a pending application. File the AOS after your court marriage, include the AP and the EAD applications and get it off asap. It should take about 90 days to process. Make sure you put down the date of travel required - you do have sufficient time for it to be processed if you file soon. Good luck.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.