Jump to content
sdwjr

Advice Needed - Advanced Parole

9 posts in this topic

Recommended Posts

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?

Share this post


Link to post
Share on other sites

3 and 4 are your options.

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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.....


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

Share this post


Link to post
Share on other sites

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.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

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.

:no:


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

event.png

event.png

Share this post


Link to post
Share on other sites

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.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

Share this post


Link to post
Share on other sites

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 by tolitzpogi

10/25/2008 - Met on Friendster
12/22/2010 - Met in person in the Philippines for the first time

05/18/2013 - Got engaged

K1 Timeline:

02/28/2014 - I-129F Submitted
04/08/2014 - I-129F NOA2 Received

07/03/2014 - SLEC Medical Appointment 1 (Result: Sputum Culture)

09/18/2014 - SLEC Medical Appointment 2 (Result: Passed)

10/14/2014 - K1 Visa Interview (Result: Approved)

10/23/2014 - K1 Visa Issued

11/09/2014 - Entered USA (POE: Los Angeles)

01/02/2015 - Wedding Day

AOS Timeline:

03/02/2015 - I-485 Submitted (with I-765 & I-131)

03/13/2015 - I-485 NOA Received (with NOA for I-765 & I-131)

03/30/2015 - Biometrics Appointment Completed

05/12/2015 - I-785 & I-131 Approved

05/20/2015 - EAD/AP Combo Card Received

06/10/2015 - AOS Interview (Result: Approved)

06/18/2015 - Conditional Green Card Received

ROC Timeline:

05/15/2017 - I-751 Submitted 
05/26/2017 - I-751 NOA Received 
06/13/2017 - Biometrics Appointment Completed

07/18/2017 - Extension NOA Received (one year extension)
03/05/2018 - I-751 Received by Local Office
04/20/2018 - Infopass Appointment (Result: I-551 Stamp on Passport, six-month extension)

Share this post


Link to post
Share on other sites

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

~Inquiry about advance parole~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
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.
×