Jump to content
expatrica

Travel

 Share

25 posts in this topic

Recommended Posts

Advanced parole is required in order to re-enter the U.S., if you leave before conditions are lifted on residency. You can leave without it, but can't get back in.

Yodrak is quite correct that you can leave the country at any time, but given that under the normal rules of conversational implicature, one would expect that the OP in all likelihood wishes to return to the U.S., she'll need AP before she leaves.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

Link to comment
Share on other sites

And all of you failed to consider the possibility of the British K-1 making the trip THROUGH Montreal. :lol:

Not really. The OP said:

We'd like to go to Montreal for two days immediately following the wedding.

Leaving the US after is not legal....?

Oh, I didn't miss the italicised part. What I meant was that none of you suggested PREPONING the trip to Montreal for BEFORE the Limey K-1's entry; they can then fly into US together through YUL (which has a PFI where the K-1 processing can be done). Simple solution, isn't it?

Limeys do not need visitor visa to go to Canada, so this option could actually work.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

Link to comment
Share on other sites

Filed: Country: United Kingdom
Timeline
Advanced parole is required in order to re-enter the U.S., if you leave before conditions are lifted on residency. You can leave without it, but can't get back in.

Yodrak is quite correct that you can leave the country at any time, but given that under the normal rules of conversational implicature, one would expect that the OP in all likelihood wishes to return to the U.S., she'll need AP before she leaves.

Just to tighten that up, C:

Advance Parole is required during that time that your AOS is pending. Once you have a Green Card/PR status (with conditions or not) you do not use AP.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Link to comment
Share on other sites

Wow, a lot of discussion and what if's. The best thing is to stay in America until you get either Advanced Parole (nice name, right) or your green card. In my wife's case we applied for AP, Work Permit and AOS. We got the AP and Work Permit three weeks before the AOS interview. Two weeks later she had her green card. The Work Permit was confiscated at the AOS interview and the AP became a mute point.

So, bottom line. Stay in America until you know for sure you new spouse can return legally. Don't try to mess with the system because you know they will destroy your life if given the chance.

Plan a nice honeymoon in America. You know, Hawaii is still part of America.

Link to comment
Share on other sites

Is AP the proper thing applied for in this case with the I-131? Or is it more specifically a "re-entry permit" for a conditional or perm. resident? Since this is a K1 situation, I think its a "re-entry permit" but maybe both are treated the same once they are granted by the USCIS.

No, the re-entry permit is for LPR for absences greater than 1 year. It does not apply at all in this case.

The I-131 us a bit confusing if not misleading. The instructions for the form say re-entry permit is for perm. resident or conditional resident who wants to return to US without having to reapply for another visa. While the AP is to be used in an extraordinary circumstance for temporary entrance into US without going through visa process. BUT, on the form itself when you "check" the type of application you want to make, it meshes with what you have said.

my blog: http://immigrationlawreformblog.blogspot.com/

"It is the soldier, who salutes the flag, who serves beneath the flag, and whose coffin is draped by the flag, who allows the protester to burn the flag."

-- Charles M. Province

Link to comment
Share on other sites

Filed: Timeline
Oh, I didn't miss the italicised part. What I meant was that none of you suggested PREPONING the trip to Montreal for BEFORE the Limey K-1's entry; they can then fly into US together through YUL (which has a PFI where the K-1 processing can be done). Simple solution, isn't it?

No worries. I assumed she wanted to make a honeymoon of it since she said it was after the wedding. So there woulda been no point to a pre-wedding trip.

devilette,

Without anything.

In other news - AP has nothing to do with leaving, it has a lot to do with returning.

Yodrak

Yodrak, you always keep people on their toes! :yes::thumbs:

Edited by devilette
Link to comment
Share on other sites

Just to tighten that up, C:

Advance Parole is required during that time that your AOS is pending. Once you have a Green Card/PR status (with conditions or not) you do not use AP.

Sorry, misspoke. :)

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

Link to comment
Share on other sites

Filed: Timeline

Caladan,

Yeah, but I loved your "conversational implicature" phrase. Despite all the syllables it's much better than 'why can't you say what you mean so we don't have to read your mind'.

Yodrak

Just to tighten that up, C:

Advance Parole is required during that time that your AOS is pending. Once you have a Green Card/PR status (with conditions or not) you do not use AP.

Sorry, misspoke.

Link to comment
Share on other sites

Oh, I didn't miss the italicised part. What I meant was that none of you suggested PREPONING the trip to Montreal for BEFORE the Limey K-1's entry; they can then fly into US together through YUL (which has a PFI where the K-1 processing can be done). Simple solution, isn't it?

No worries. I assumed she wanted to make a honeymoon of it since she said it was after the wedding. So there woulda been no point to a pre-wedding trip.

Ah, but what about a "pre-wedding honeymoon" idea.

By my approach, they could actually HAVE the 2 days in Montreal and not worry about AP.

Full details, as it would go:

  • expatrica's Limey fiance books trip to Montreal, with Montreal-US flight 2-3 days later.
  • expatrica flies into Montreal to "meet" him
  • they fly into US together (his K-1 papers get processed at the PFI--admittedly, that means NO 90-day-temp-EAD), then get hitched

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...