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ken_natasha

Advanced Parole on a K-1 Visa Before Marriage?

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My fiancee is from Ukraine. She is currently here on a K-1 visa. We had planned to get married in a civil ceremony within the 90 day period after she has had enough time to be certain this is what she wants.However due to several screw-ups at the US Embassy, she recievied her passport and visa back with very little time to prepare (6 weeks). She was in the process of completing legal documentation for her father's apartment privatization. He is unable to take care of these matters himself, and my fiancee must return home on June 8th. The situation is that he could end up being forced out of his aprtment if it is not taken care of. This has created a lot of unnecessary tension in our relationship, and we do not want to rush the ceremony feeling that we are forced to. Is it possible for her to get advanced parole or similar letter allowing her to leave and re-enter without having to go through the whole visa process again? If we must go though the visa application again, will they make it more difficult this time? IS there a possibility that they could refuse a second visa, even though we followed the rules?

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You need to make an infopass appointment after you are married. If she leaves unmarried she need a new visa and you wait all over again. If she leaves married without AP she needs a new visa and you wait all over again.


First visit:2007-09-12 to 2008-09-23

I-129F Sent : 2007-11-24

I-129F NOA1 : 2007-11-30

I-129F NOA2 : 2008-03-31

NVC Received : 2008-04-21

NVC Left : 2008-04-23

Consulate Received : 2008-04-28

Packet 3 Received : 2008-05-20

Interivew date : 2008-08-07 CO asks inappropraite questions

His father died: 2008-08-18

Retain Marc Ellis 2008-09

Visited Nigeria again: 2008-11-12

petitioned returned to CSC :2008-11-27

returned to USA 2008-12-13

His father buried 2009-01-03

picks up K1 visa Nov 2009

Marriage Dec 2009

take throne as Igwe /Lolo 2010 or 2011

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Why don't you just get married asap and file for AOS including Advanced Parole? It's not a lot of time left befe June 8 but I'm sure if you do it fast, she may get an AP quite soon. Could she go a bit later, say end of June?

That's a good advice about the infopass, too; talk to the immigration officer and you'll know better what to do. Otherwise, I'm afraid, you'll need to file the whole paperwork again.


AOS

04-16-2008: AOS package Sent to Chicago via Express Mail

05-13-2008: Biometrics

05-22-2008: AOS trasfered to CSC

06-13/17-2008: EAD Approved (2 CRIS email)

06-18/19-2008: AOS touch

06-20-2008: EAD Approval Notice Sent (email)

06-23-2008: EAD in mail

06-23-2008: Another EAD touch (9AM), EAD IN MAIL (1PM)

07-14-2008: I-485 Card Production Ordered

07-21-2008: Green Card in mail

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I'm sorry for your predicament. I don't know your timeline, so I don't know if you know that once the visa is issued, it's good up to 6 months to enter the US, which may have been enough time for your finance to get her father settled before coming to the US. That's kind of moot now though, sorry. Just didn't know if you knew. I don't know what your wedding plans are, but is it possible that you could go to the local courthouse and get married? It's possible you could get an emergency AP after marriage for her to return to her country to settle her father's affairs? Making an infopass appointment might clarify this. Unfortunately, if she leaves before getting married, she's going to need some type of paperwork to get back into the country, and my understanding is that the K-1 visa is good for a one time entry. Perhaps emailing the Embassy from her home country? If you're going to have to redo another visa, perhaps it would be better to do a K-3? I don't know if that's faster from where she came from. Is there no one else that can help her father? Siblings? Good friends? It doesn't sound like he has to be moved, just paperwork. Surely someone could assist with the over there? In this age of technology, paperwork, legal papers etc. should be able to be faxed and signed for?

Hope you can come to a mutual resolution to this situation! (F)

Edited by Carlawarla

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I don't think you will have time to get married, apply for AOS/EAD/AP and get the AP document in a matter of 3 weeks. Since your fiancee really needs to be back on June 8th, it might be wiser not to spend the $1010 in fees and just end up abandoning the application. You probably don't have any other option but to file for another visa while she is back home. However, you do have the option of getting married and filing for a CR1 visa or K3 visa. Check timelines and see which would be better for both of you.


08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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