what happens when there is a death in the family?

[orange_n_pink 0]

on a K1 visa, what happens if there is a death in the family of the visa holder and they have to go back home? is there any compassion (or any exceptions) or will the visa holder still be abandoning the visa and have to apply as a spouse of u.s. citizen?

[KitEEgirl 0]

Unfortunately, I think you still need AP (Advanced Parole) to be able to return.

on a K1 visa, what happens if there is a death in the family of the visa holder and they have to go back home? is there any compassion (or any exceptions) or will the visa holder still be abandoning the visa and have to apply as a spouse of u.s. citizen?

[orange_n_pink 0]

how long is advance parole valid for?

[~Laura and Nick~ 5]

So when you come over to the States, you file for AOS and included in that fee is Advanced Parole.

It takes about 3 months to get.

If something happens before you get AP you can file for an Emergency Advanced Parole document...you'd have to show proof of the death by some sort of documentation.

I've seen people getting emergency AP within a matter of days.

Best of luck

[SapphireDreams 71]

I'm pretty sure your AP is good for 1 year and by then you should receive your greencard, or they will extend the AP.

I believe if there is a death in the family - you can get your AP expedited. I could be wrong on that though.

[pushbrk 14,515]

I'm pretty sure your AP is good for 1 year and by then you should receive your greencard, or they will extend the AP.

I believe if there is a death in the family - you can get your AP expedited. I could be wrong on that though.

You can pay the separate AP fee and apply for emergency advanced parole through the nearest local USCIS office.

Leave without it and you start the visa process over again to get back in.

[KitEEgirl 0]

Well said

I'm pretty sure your AP is good for 1 year and by then you should receive your greencard, or they will extend the AP.

I believe if there is a death in the family - you can get your AP expedited. I could be wrong on that though.

[william_wallace 8]

I'm pretty sure your AP is good for 1 year and by then you should receive your greencard, or they will extend the AP.

I believe if there is a death in the family - you can get your AP expedited. I could be wrong on that though.

You can pay the separate AP fee and apply for emergency advanced parole through the nearest local USCIS office.

Leave without it and you start the visa process over again to get back in.

Thats what i cant understand with all this visa K1 process. If someone in your family dies and you have to get back home ASAP, border control wont let someone back in if they havent got the AP paper in hand. Surely arriving back with a copy of the death cert is enough, but as usuall USA immigration make life difficult for people. When i was in America in March 2006 and i got a call from sister to say my mother had only a matter of days to live, i was on the first plane back to Scotland. The last thing on my mind was to wait for a AP paper.

[pushbrk 14,515]

I'm pretty sure your AP is good for 1 year and by then you should receive your greencard, or they will extend the AP.

I believe if there is a death in the family - you can get your AP expedited. I could be wrong on that though.

You can pay the separate AP fee and apply for emergency advanced parole through the nearest local USCIS office.

Leave without it and you start the visa process over again to get back in.

Thats what i cant understand with all this visa K1 process. If someone in your family dies and you have to get back home ASAP, border control wont let someone back in if they havent got the AP paper in hand. Surely arriving back with a copy of the death cert is enough, but as usuall USA immigration make life difficult for people. When i was in America in March 2006 and i got a call from sister to say my mother had only a matter of days to live, i was on the first plane back to Scotland. The last thing on my mind was to wait for a AP paper.

Actually, it sounds like you understand very well. We're talking immigration between sovereign nations, not local family relationships. Be informed of the ramifications of your actions and act accordingly.

I could get one of those calls any day except my mother is only 220 miles away. The State Patrol is not going to allow me to drive 90 MPH because I tell them my mother has only 2 hours to live.

Even with a green card and enough money to buy a short notice ticket, it would take my wife 2 to 3 days to get back to China. Life happens.

Edited April 3, 2008 by pushbrk

[Krikit 1,166]

I'm pretty sure your AP is good for 1 year and by then you should receive your greencard, or they will extend the AP.

I believe if there is a death in the family - you can get your AP expedited. I could be wrong on that though.

You can pay the separate AP fee and apply for emergency advanced parole through the nearest local USCIS office.

Leave without it and you start the visa process over again to get back in.

Thats what i cant understand with all this visa K1 process. If someone in your family dies and you have to get back home ASAP, border control wont let someone back in if they havent got the AP paper in hand. Surely arriving back with a copy of the death cert is enough, but as usuall USA immigration make life difficult for people. When i was in America in March 2006 and i got a call from sister to say my mother had only a matter of days to live, i was on the first plane back to Scotland. The last thing on my mind was to wait for a AP paper.

Actually, it sounds like you understand very well. We're talking immigration between sovereign nations, not local family relationships. Be informed of the ramifications of your actions and act accordingly.

I could get one of those calls any day except my mother is only 220 miles away. The State Patrol is not going to allow me to drive 90 MPH because I tell them my mother has only 2 hours to live.

Even with a green card and enough money to buy a short notice ticket, it would take my wife 2 to 3 days to get back to China. Life happens.

I understand your point. Only you wouldn't have to petition the government and wait for one year(+/-) to return to your home once the funeral's over.

[SapphireDreams 71]

Plus you would most likely have your AP within 3-6 months(give or take) of living there, so this is only really an issue for the first 3-6 months.

I understand that when someone very close to you passes away, your mind is not always working 100% but this is something that should be considered before you even apply for a visa in my opinion. There are a lot of "what ifs" and you need to be prepared for the worst when immigrating because the rules are the rules and there isn't any way around them so it's really important to protect yourself right from the start.

Edited April 5, 2008 by SapphireDreams

[pushbrk 14,515]

I'm pretty sure your AP is good for 1 year and by then you should receive your greencard, or they will extend the AP.

I believe if there is a death in the family - you can get your AP expedited. I could be wrong on that though.

You can pay the separate AP fee and apply for emergency advanced parole through the nearest local USCIS office.

Leave without it and you start the visa process over again to get back in.

Thats what i cant understand with all this visa K1 process. If someone in your family dies and you have to get back home ASAP, border control wont let someone back in if they havent got the AP paper in hand. Surely arriving back with a copy of the death cert is enough, but as usuall USA immigration make life difficult for people. When i was in America in March 2006 and i got a call from sister to say my mother had only a matter of days to live, i was on the first plane back to Scotland. The last thing on my mind was to wait for a AP paper.

Actually, it sounds like you understand very well. We're talking immigration between sovereign nations, not local family relationships. Be informed of the ramifications of your actions and act accordingly.

I could get one of those calls any day except my mother is only 220 miles away. The State Patrol is not going to allow me to drive 90 MPH because I tell them my mother has only 2 hours to live.

Even with a green card and enough money to buy a short notice ticket, it would take my wife 2 to 3 days to get back to China. Life happens.

I understand your point. Only you wouldn't have to petition the government and wait for one year(+/-) to return to your home once the funeral's over.

My point is I would have to obey the law. The possibility exists that obeying the law will prevent me from seeing my mother before she dies. I'm informed and will live with the circumstances as will my wife living two days travel from her father.

You now know and the information was always available to you, that you'll need advanced parole to leave and return to the US after entry using a K1 visa. So, plan accordingly. If you failed to become informed and consider this before arriving, the problem isn't the law.

Edited April 5, 2008 by pushbrk

[Krikit 1,166]

I understand that when someone very close to you passes away, your mind is not always working 100% but this is something that should be considered before you even apply for a visa in my opinion. There are a lot of "what ifs" and you need to be prepared for the worst when immigrating because the rules are the rules and there isn't any way around them so it's really important to protect yourself right from the start.

My point is I would have to obey the law. The possibility exists that obeying the law will prevent me from seeing my mother before she dies. I'm informed and will live with the circumstances as will my wife living two days travel from her father.

You now know and the information was always available to you, that you'll need advanced parole to leave and return to the US after entry using a K1 visa. So, plan accordingly. If you failed to become informed and consider this before arriving, the problem isn't the law.

Too true. This is where a consult with a knowledgeable immigration attorney would prove very beneficial. Sometimes, it's not that cut and dried, so you definitely need to research the options to make your best, informed, decision. However, even having done that, life can certainly throw a curve ball at you.