Advice Needed - Advanced Parole

[sdwjr 0]

Desperately seeking advice from this community. My wife is from England has we have filed to adjust her status. We got married in the US in December and filed our package of documents in March. We received our NOA on 3/31/15.

We are having a large family ceremony in London at the end of June and were initially advised by our attorney that my wife could travel without her EAD/AP card, so long as someone brought it to her or mailed it to her so she could re-enter. Today (4 days before my wife is scheduled to fly home), our attorney informed us that she should NOT travel without the EAD/AP card lest she receive a black mark or reentry bar from immigration.

So, we are stuck in the situation of (1) calling off the wedding (which with the money spent and flights booked for family does not appear to be an option), (2) risking it and flying without the AP document and hoping it turns out okay (3) postponing her flight and hope her AP document arrives before June 27th or (4) risking it and facing consequences of having to go through consular processing while she lives abroad, which can take between 9-18 months.

Has anyone faced this situation before? Any advice from this community on the subject?

[Boiler 43,543]

3 and 4 are your options.

Comes up all the time, lots of past threads on the subject.

[ChicagoSarah 127]

Agree with Boiler.

There was another thread just this week (guy in the UK) where this was being discussed. Someone mentioned that they will check the i-94 arrival/departure records before issuing the AP card. If your spouse is out of the country, they will likely deny the i-94.

Yet another reason those lawyers aren't all they're cracked up to be.....

[Hypnos 6,576]

Departing the US without AP will automatically abandon her AoS application. USCIS will receive notification from DHS that she departed and will deny her I-485. She will then be stuck in the UK and you would have to file for a CR-1 spousal visa, as you indicate. This process would take around a year to complete.

Fire your lawyer.

[UnaMexicana 153]

Why in the world would you have everything set up and paid for before she even has a travel document?

She is in.. have her stay in until the process is completed.

You can't have it both ways, at least not until she has a travel doc.

[ChicagoSarah 127]

The EAD/AP card is SUPPOSED to be issued within 90 days. So you'd be tight to have it by June 27, but pending no RFE's along the way, it may be feasible.

[YouAndMeForever 1,022]

Desperately seeking advice from this community. My wife is from England has we have filed to adjust her status. We got married in the US in December and filed our package of documents in March. We received our NOA on 3/31/15.

We are having a large family ceremony in London at the end of June and were initially advised by our attorney that my wife could travel without her EAD/AP card, so long as someone brought it to her or mailed it to her so she could re-enter. Today (4 days before my wife is scheduled to fly home), our attorney informed us that she should NOT travel without the EAD/AP card lest she receive a black mark or reentry bar from immigration.

So, we are stuck in the situation of (1) calling off the wedding (which with the money spent and flights booked for family does not appear to be an option), (2) risking it and flying without the AP document and hoping it turns out okay (3) postponing her flight and hope her AP document arrives before June 27th or (4) risking it and facing consequences of having to go through consular processing while she lives abroad, which can take between 9-18 months.

Has anyone faced this situation before? Any advice from this community on the subject?

Your options are 1, 3, 4. But 2 is not even an option. There is no way your wife would be re-admitted to the US without her AP document. There have been lots of threads about this topic. A lot of people make the mistake of planning a wedding and making reservations before even receiving the K1 visa or later on, the AP document.

I personally wouldn't throw away everything I worked for so hard with my husband. So in your case I would either cancel the wedding (option 1) or postpone her flight and keep on waiting (option 3). Your wife will likely receive her AP document (or combo card if she applied for EAD too) by June 27th, but there is no guarantee. That's why it is important to keep in mind the unwritten rule: never make plans until you don't have the actual thing in your mailbox. When I arrived on a K1 visa, my husband and I had a small courthouse wedding and we will have the "big one" once I have my greencard. I don't want to be stressed for weeks before my big day.

If you feel like you gotta have a lawyer, look for a new one. Because your current one gave you false advice that's potentially endangering your wife's immigration process.

Good luck!

Edited May 14, 2015 by YouAndMeForever

[tolitzpogi 37]

So, we are stuck in the situation of (1) calling off the wedding (which with the money spent and flights booked for family does not appear to be an option), (2) risking it and flying without the AP document and hoping it turns out okay (3) postponing her flight and hope her AP document arrives before June 27th or (4) risking it and facing consequences of having to go through consular processing while she lives abroad, which can take between 9-18 months.

Has anyone faced this situation before? Any advice from this community on the subject?

Personally, option 3 seems to be the most feasible to me. You will lose money with options 1 and 4 either way (the former for the cancellations, and the latter for the refiling), and option 2 will lead to option 4, because if your I-94 is dated before your AP approval, it effectively cancels the AP and they will not permit your reentry.

You're in a bit of a pickle, I agree, which is why it has been advised over and over in this forum to not make any plans until you have the necessary documentation in hand.

But let me give you a bit of a bright spot. My wife's AOS NOA date was 03/09/2015, which was roughly three weeks ahead of yours. She intends to pick up her K2 kids in the Philippines in June, and we have been holding off on buying tickets for her and the kids until she has her EAD/AP combo card in hand.

Well, her EAD/AP was approved on 05/12/2015 and we are waiting for the approval notice and combo card to arrive. Add three weeks to that and you have an approximate date on when your wife's EAD/AP might be approved, provided you have completed the Biometrics appointment in April. But it's different for everyone, and the proverbial "your mileage may vary" applies.

My advice would be to wait it out, and if you have not received approval of your EAD/AP before the second week of June, I would cancel the wedding plans, or at least POSTPONE it for July.

And here's a possible wrench to throw into your plans: my wife's AOS interview is scheduled for 06/10/2015... add three weeks to that and you'll see the potential problem in your case.

Hope this helps and good luck.

p.s. And please fill up your timeline so the system can give you an idea on when your EAD/AP will be adjudicated.

Edited May 14, 2015 by tolitzpogi

[Pitaya 2,576]

~Moved from Fam.-based AOS to Working & Traveling During US Immigration Forum~

~Inquiry about advance parole~