Going outside the US with Advance Parole in Process

[pmakhija 20]

Hi Guys,

I wanted to ask you a few questions about what the possibilities are for approval with the following scenario. My wife entered the US with a K-1 Fiance Visa and we filed for AOS,EAD and AP in one packet. We live in Buffalo, NY and my brother is getting married in Toronto, Canada on May 30. Both my wife and myself are funding a significant portion of his reception, about 75% with financial committments that will get processed right after the function. Being my only brother, my wife would also like to attend the wedding. Now to my understanding my local USCIS office has the right to grant a temporary leave US and come back letter for her to attend the wedding. We are planning on going to the local office with the following:Full copies of of our marrige license and certificate, her passport, my US citizenship paperwork. A letter from her stating why she would like to attend the wedding, his wedding invitation, a signed letter from my brother saying that he would like us to attend and that we are funding his wedding reception. In Toronto, all the deposits are given in the form of cash except for all the liqour that was purchased using a joint Credit Card Account that belongs to my wife and myself. I do have the receipt for that. I understand that this is not a financial loss for myself and my wife but what do you guys think that I need to bring along in order to get an approval? Also the NOA1 for the EAD and AOS has come in but the one for the AP hasnt come in the mail yet but there was a case number created that we have on the USCIS website. I am pretty sure that I can approach the local office to give us a hard printed copy of the AP NOA1 letter that we can include as a part of the requisition. Now there is definitely a USCIS form I need to file alongside as well, I do not know which one that will be! Any help in this matter will be highly appreciated!

Thank You

Pmakhija!

[Marco&Bettina 502]

Hi Guys,

I wanted to ask you a few questions about what the possibilities are for approval with the following scenario. My wife entered the US with a K-1 Fiance Visa and we filed for AOS,EAD and AP in one packet. We live in Buffalo, NY and my brother is getting married in Toronto, Canada on May 30. Both my wife and myself are funding a significant portion of his reception, about 75% with financial committments that will get processed right after the function. Being my only brother, my wife would also like to attend the wedding. Now to my understanding my local USCIS office has the right to grant a temporary leave US and come back letter for her to attend the wedding. We are planning on going to the local office with the following:Full copies of of our marrige license and certificate, her passport, my US citizenship paperwork. A letter from her stating why she would like to attend the wedding, his wedding invitation, a signed letter from my brother saying that he would like us to attend and that we are funding his wedding reception. In Toronto, all the deposits are given in the form of cash except for all the liqour that was purchased using a joint Credit Card Account that belongs to my wife and myself. I do have the receipt for that. I understand that this is not a financial loss for myself and my wife but what do you guys think that I need to bring along in order to get an approval? Also the NOA1 for the EAD and AOS has come in but the one for the AP hasnt come in the mail yet but there was a case number created that we have on the USCIS website. I am pretty sure that I can approach the local office to give us a hard printed copy of the AP NOA1 letter that we can include as a part of the requisition. Now there is definitely a USCIS form I need to file alongside as well, I do not know which one that will be! Any help in this matter will be highly appreciated!

Thank You

Pmakhija!

I don't know that you'll be able to get approved for the temporary leave. And AP will likely not be approved by the wedding date. If you get neither, she should definitely not go with you to Canada, as much as I know that'll hurt.

[Sunnyland 639]

When did you send the AOS papers? Did your wife already do her biometrics?

AP/EAD takes from 1 to 3 months to be approved. A bad planning wedding date abroad will not be considered an emergency. Expedited AP are for real emergencies like the death of a family member abroad, etc. Very unlikely she will get expedited.

Remember Immigration doesn't work around our plans, we have to work around immigration's. It sucks I know but that's the game's rules.

Edited May 6, 2015 by Sunnyland

[pmakhija 20]

I don't know that you'll be able to get approved for the temporary leave. And AP will likely not be approved by the wedding date. If you get neither, she should definitely not go with you to Canada, as much as I know that'll hurt.

Well, We are definitely not going to canada if she doesnt get either!

When did you send the AOS papers? Did your wife already do her biometrics?

AP/EAD takes from 1 to 3 months to be approved. A bad planning wedding date abroad will not be considered an emergency. Expedited AP are for real emergencies like the death of a family member abroad, etc. Very unlikely she will get expedited.

Remember Immigration doesn't work around our plans, we have to work around immigration's. It sucks I know but that's the game's rules.

We had those get accepted April 23rd and I know that the expedite process is different, no she hasnt had her biometrics, but a temporary leave is different from an expedite isnt it? I would like to think that it is atleast worth a shot?

[NancyNguyen 1,657]

Sorry but wedding is not an expedite criteria. You can try to expedite AP after she takes biometrics appointment, it won't hurt.

[YouAndMeForever 1,022]

Hi Guys,

I wanted to ask you a few questions about what the possibilities are for approval with the following scenario. My wife entered the US with a K-1 Fiance Visa and we filed for AOS,EAD and AP in one packet. We live in Buffalo, NY and my brother is getting married in Toronto, Canada on May 30. Both my wife and myself are funding a significant portion of his reception, about 75% with financial committments that will get processed right after the function. Being my only brother, my wife would also like to attend the wedding. Now to my understanding my local USCIS office has the right to grant a temporary leave US and come back letter for her to attend the wedding. We are planning on going to the local office with the following:Full copies of of our marrige license and certificate, her passport, my US citizenship paperwork. A letter from her stating why she would like to attend the wedding, his wedding invitation, a signed letter from my brother saying that he would like us to attend and that we are funding his wedding reception. In Toronto, all the deposits are given in the form of cash except for all the liqour that was purchased using a joint Credit Card Account that belongs to my wife and myself. I do have the receipt for that. I understand that this is not a financial loss for myself and my wife but what do you guys think that I need to bring along in order to get an approval? Also the NOA1 for the EAD and AOS has come in but the one for the AP hasnt come in the mail yet but there was a case number created that we have on the USCIS website. I am pretty sure that I can approach the local office to give us a hard printed copy of the AP NOA1 letter that we can include as a part of the requisition. Now there is definitely a USCIS form I need to file alongside as well, I do not know which one that will be! Any help in this matter will be highly appreciated!

Thank You

Pmakhija!

AP takes 60-90 days to be approved.

AP Expedite Criteria:

-Severe financial loss to company or individual

-Extreme emergent situation

-Humanitarian situation

-Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

-Department of Defense or National Interest Situation (Note: Request must come from official United States -Government entity and state that delay will be detrimental to our Government)

-USCIS error

-Compelling interest of USCIS

Attending a wedding is not among them. It is totally a personal issue and can be postponed. Having AP (or anything else) expedited means that you take someone else's place in the line, so you have to show a good and convincing reason.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.dhs.gov/ombudsman-update-advance-parole-tips

Edited May 7, 2015 by YouAndMeForever

[NikLR 13,220]

I dont think the person getting married would appreciate you postponing their wedding. Lol

I suggest the OP attend the wedding alone and bring his best wishes to the family.

Edited May 7, 2015 by NLR

[KayDeeCee 4,891]

Biometrics not required for AP, but I don't think they will expedite the AP so you can attend a wedding. It is not an emergent situation. http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

You say 'temporary leave' and not an expedite. What are you meaning by that? AP (advance parole) is what you use for temporarily leaving the US while your I-485 is pending. http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents

[PEGG 2]

The whole AP thing does suck - we are in a somewhat similar situation. My now wife is Canadian and we live in Detroit along the border. Our NOA on the AP is May 7th and she is going for Biometrics this Friday (May 29th). We are hoping and praying to get her AP by July 15th so she can attend a family reunion of hers back in Canada - literally just across the river - but it's going to be awfully close.

Anyone know if we get the AP approval letter but not the actual card if that would be good enough before the reunion? I guess she could always stay in Canada until the card came in the mail after receiving the approval letter and then I can bring it back once it comes in the mail so she can cross properly with the AP card.

Is it even worth inquiring about a temporary AP when she goes in for her Biometrics? Does having your Biometrics done suggest the AP is not far behind or Biometrics appointment is solely for the AOS and has nothing to do with AP?

[Pitaya 2,576]

http://www.cbp.gov/travel/international-visitors/lpr/adv-parole

[PEGG 2]

Wow - that's quite a story.

My fiancé is Canadian and we would be driving across the border - as a Canadian citizen with a Canadian passport I doubt there would be much to worry about that sort of treatment from her own government. I wouldn't dare drive over the border without the AP approved. I'm just wondering how long it takes to actually get the AP card once you get a letter stating that the AP has been approved. Based on Visa Journey stats it seems we will get our AP approved around the time we need (middle of July) but if we have to wait a week or so after getting the approval letter to actually having the AP card in hand - that's where her ability to attend the family get together in Canada will become iffy. Which is why I'm wondering whether it's worth it for her to cross into Canada (assuming we get the approval letter) and then if we don't have the actual AP card - I can drive across check the mail after our week in Canada back at home, if the AP card is in hand - go back to Canada, pick her up and cross back into the states - this time with the actual AP card?

They should read wife not finance - i'm so used to writing out finance - gotta get used to new terminology

[pmakhija 20]

Guys I approached the local USCIS office with everything i could and they expedited her AP and EAD and we already have it in hand. total time after an expedite was 3 days turnaround including mailing the card to us! Approaching the loacal office is usually the best bet, you have no clue howmuch power they have.

[PEGG 2]

Define "everything you had" - did you have an emergency that warranted the expedite request? Did you first send an application via the Chicago lock box? Please elaborate

[pmakhija 20]

So here is everything I had:

My wife wrote an appeal letter to the USCIS field office director and hand signed it as to why she would like to go.

My brother wrote a letter and hand signed it as to why he would like her to come to the wedding.

The wedding card and invitation.

Proof in the form of paid receipts for deposits for my brothers wedding for the part that my wife and myself are funding.

proof of my wife having had filed the AOS, EAD and AP by sending it to the chicago lockbox.

notarized marrige license of my wife and myself.

The officer looked at all of this at the local office and asked if she has had her finger prints taken, she said no, so they took them then and there on the spot along with the pictures that are needed for all 3, AOS, EAD and AP. He then told us that they have decided to expedite the case so that the card can make it to her in time. He told her that if the card didnt come in on time, to come see the local field office and they would issue a document that would allow a single re entry into the US from Canada. and thats how things went.

[e&z 7]

So here is everything I had:

My wife wrote an appeal letter to the USCIS field office director and hand signed it as to why she would like to go.

My brother wrote a letter and hand signed it as to why he would like her to come to the wedding.

The wedding card and invitation.

Proof in the form of paid receipts for deposits for my brothers wedding for the part that my wife and myself are funding.

proof of my wife having had filed the AOS, EAD and AP by sending it to the chicago lockbox.

notarized marrige license of my wife and myself.

The officer looked at all of this at the local office and asked if she has had her finger prints taken, she said no, so they took them then and there on the spot along with the pictures that are needed for all 3, AOS, EAD and AP. He then told us that they have decided to expedite the case so that the card can make it to her in time. He told her that if the card didnt come in on time, to come see the local field office and they would issue a document that would allow a single re entry into the US from Canada. and thats how things went.

Thats fantastic news! Congratulations and enjoy the wedding.