Aos/Advanced Parole

[sdfghjk 0]

Our plan is to move by june 1st and get married a few weeks after that since I have a court date back in Canada the 16th of august.

From what ive read you have to do a biometrics befor eyou ask for the advanced parole? or can you do it before. and it also takes 60+ days to receive it.. now that will cause a huge problem.

I also saw something about an infopass appointment to basically get an expedited advanced parole.

Has anyone sort of been in this situation and can help?

thx

[Veronik 19]

After you get married, you file and send your AOS package which includes the Advance Parole and Employement Authorisation Document. Before these are issued, you will have a biometrics appointment, and depending on where you file, you can get the appointment quickly or not at all.

I don't know about a walk-in appointment, I'm sure you can do it after you file your AOS and have received your NOAs... I got my EAD and AP 60-75 days after my NOAs...

[Little_My 463]

What is your reason for requesting an expedited AP? You can of course try, it won't hurt - but they usually don't expedite anything unless it's an actual emergency situation. You will have to do the biometrics before the AP is issued. I don't know what the normal wait time is for AP for people who AOS from K1 - for me, and for most of us who are doing AOS from a non-immigrant visa (student, work or tourist visa) it has been around 50-70 days from sending the AOS package to receiving the AP/EAD.

[Canadiandggal 49]

I think you have a chance of getting expedited AP but you likely not get it in time without the expedite. If you are not getting married till the middle of June that gives 60 days IF you receive your marriage certificate the same day. Im not sure if a court date is considered an emergency but its worth a try... Is there anyway you can get it set to another day, I remember having my court date for "custody" continued to a month later. I am also not sure what the court date is for so I cannot really give any advice

Good Luck

[SapphireDreams 71]

That is cutting it pretty close, and there's no guarantee that you'll get an expedite so I would never rely on that.

You'll also need to make sure that you'll get your marriage certificate on the spot, if you have to factor in the wait time for that, you will not likely have your AP in time.

It would be ideal if you can either push back the court date, or push back your POE.

[sdfghjk 0]

My court date is for exactly that custody , i have full custody but unfortunately 2 years later his father now wants to be in the picture and well he doesnt want me moving with my son, it basically says on the papers i have permission to bring my son with me until that date then i have to go to court to prove that i actually got married, and other papers regarding my status.

unfortunately there are no immigration lawyers in my town nor judges so they dont fully understand the time frame of this whole procedure

[Udella&Wiz 325]

My court date is for exactly that custody , i have full custody but unfortunately 2 years later his father now wants to be in the picture and well he doesnt want me moving with my son, it basically says on the papers i have permission to bring my son with me until that date then i have to go to court to prove that i actually got married, and other papers regarding my status.

unfortunately there are no immigration lawyers in my town nor judges so they dont fully understand the time frame of this whole procedure

You're in a rather sticky situation - you're going to have to make them understand how US immigration works. I think you may have to push back your Cdn court date to a more reasonable time in the fall since you cannot guarantee how quickly USCIS will process your AP. You absolutely cannot leave the US without AP or you will forfeit all you've done so far. Perhaps tryig to expdite will help but you haven;t left yourself much time

Very curious they want proof of marriage/status - since when is that criteria for custody of a child? Who is your child staying with while you move down and get married until the court date?

[sdfghjk 0]

hes coming with me but the judge gave me a very little time limit

Edited May 16, 2011 by Jason and Ashley

[sdfghjk 0]

I talked with my fiancé again and well im stopping by my lawyers today,

my fiance said i would need a 30 day extension to get the papers to them but that i would need a time extension to bring my son since we wont be able to leave the country right away

my lawyer is either too damn lazy or really saying he cant do it , but says he cant push back the court date until that actual date.

this is cause me so much stress everytime i think about it feels like my x bf is controlling my life by a string because of my son .. i am going crazy here

i dont know what will happen is i dont go to my court date if it cant get pushed back and i dont want his dad to claim im kidnapping him when actually he or I cant leave the country until we get an advanced advanced parole ...

sorry for venting here but this sucks and never would i have thought that problems like this would arrise when i first started this .. sometimes just seemms that itll never happen the way i want it to.

[Canadiandggal 49]

I talked with my fiancé again and well im stopping by my lawyers today,

my fiance said i would need a 30 day extension to get the papers to them but that i would need a time extension to bring my son since we wont be able to leave the country right away

my lawyer is either too damn lazy or really saying he cant do it , but says he cant push back the court date until that actual date.

this is cause me so much stress everytime i think about it feels like my x bf is controlling my life by a string because of my son .. i am going crazy here

i dont know what will happen is i dont go to my court date if it cant get pushed back and i dont want his dad to claim im kidnapping him when actually he or I cant leave the country until we get an advanced advanced parole ...

sorry for venting here but this sucks and never would i have thought that problems like this would arrise when i first started this .. sometimes just seemms that itll never happen the way i want it to.

I agree my lawyer could not change my date until he actually went into court however he showed up and explained that I was unable to make it back due to family issues (i was visiting the hubby and we got scammed lost some money, was the hubbys fault lol)

You could send your lawyer via email or mail a copy of the noa1 and a copy of your marriage certificate to show that you did indeed get married but are unable to leave until you get AP. Heck look up the process and print it out for your lawyer as well. Also you could Register your son in school and send a copy of that as well, heck send anything that proves you are living there happily.

Judges tend to be people to and things happen that people cannot exactly control.

So my opinion is continue as planned, get married, try for expedited AP, send lawyer tons of paperwork to hopefully get a change of court date.

Don't get me started on ex's controlling your life lol.. Mine was the biggest pain in the ####...Hadn't seen his son in a year but wouldn't give me custody, then fought me by not showing up for anything, then when I took his butt back to court he wouldn't tell me where he lived and would not show up again. Took me hiring a damn Private detective to find him ... Yet he tells the world he is the greatest dad and I ran off with his child... How so? I legally took him to court for two matters and he didn't show up? But I stole his son..hmm lol Errr

[missingmycanadian 0]

I am not that familiar with the Canadian Family Law process, but I would trust your lawyer. I'd imagine the only way to get your date pushed back is by your lawyer filing an unopposed continuation, in which case your son's father would have to agree. Or he can turn up on the day of the hearing and ask for a continuance. From what I've read, K-1 AOS filers can expect to wait 60-90 days for Advance Parole, though I have no personal experience in the matter. I believe that your best bet would to get a bunch of evidence to your attorney demonstrating why you will be unable to attend the hearing. Marriage Cert., AoS application, etc. You want to show the judge that you did everything you could to make the date, but it just was not possible. I think there is a very good chance a continuance/extension will be granted due to your unique circumstances.

[Udella&Wiz 325]

I am not that familiar with the Canadian Family Law process, but I would trust your lawyer. I'd imagine the only way to get your date pushed back is by your lawyer filing an unopposed continuation, in which case your son's father would have to agree. Or he can turn up on the day of the hearing and ask for a continuance. From what I've read, K-1 AOS filers can expect to wait 60-90 days for Advance Parole, though I have no personal experience in the matter. I believe that your best bet would to get a bunch of evidence to your attorney demonstrating why you will be unable to attend the hearing. Marriage Cert., AoS application, etc. You want to show the judge that you did everything you could to make the date, but it just was not possible. I think there is a very good chance a continuance/extension will be granted due to your unique circumstances.

I think both missingmycanadian's and Canadiandggal's advice are solid.....all the OP can do is provide as much evidence as possible that she have attempted to comply - her lawyer is going to have to explain that she is waiting on the US immigration authorities to approve AP so she can travel back to Canada and NOT lose her status in the US. Without it, all would be lost and she would not be allowed back into the US.

Knowing how little most folks understand about emmigrating to the US...people are always shocked when presented with the details. I suspect this will be a tough go for you.

[sdfghjk 0]

Well lawyers office went ok my biggest concern was if i didnt show up in court if my sons bio dad could have him taken away from me... but HE CANT!! so i will be moving like planned and since we wont be married by the court date we will give all proof of status so far ( visas adress bills the school charter with my sons name) and a receipt of the place we are renting for the ceremony etc.. anything possible and he will push the date to a further date if it doesnt get contested which it shouldnt.

and will definetly try for expedited AP

otherwise i stressed myself out for nothing and well just waiting on visas to arrive in dorval and finish packing .. my son keeps asking me '' can i pack my clothes yet, i want to move to daddy's'' and every morning puts an X on the calendar ..

I just hope everything goes as planned.

I think both missingmycanadian's and Canadiandggal's advice are solid.....all the OP can do is provide as much evidence as possible that she have attempted to comply - her lawyer is going to have to explain that she is waiting on the US immigration authorities to approve AP so she can travel back to Canada and NOT lose her status in the US. Without it, all would be lost and she would not be allowed back into the US.

Knowing how little most folks understand about emmigrating to the US...people are always shocked when presented with the details. I suspect this will be a tough go for you.

it will be tough but we will get through it, and itll all be worth it in the end

[Udella&Wiz 325]

Well lawyers office went ok my biggest concern was if i didnt show up in court if my sons bio dad could have him taken away from me... but HE CANT!! so i will be moving like planned and since we wont be married by the court date we will give all proof of status so far ( visas adress bills the school charter with my sons name) and a receipt of the place we are renting for the ceremony etc.. anything possible and he will push the date to a further date if it doesnt get contested which it shouldnt.

and will definetly try for expedited AP

otherwise i stressed myself out for nothing and well just waiting on visas to arrive in dorval and finish packing .. my son keeps asking me '' can i pack my clothes yet, i want to move to daddy's'' and every morning puts an X on the calendar ..

I just hope everything goes as planned.

it will be tough but we will get through it, and itll all be worth it in the end

You say you 'won't be married by the court date'...but on another line you talk about expediting AP.

You do realize that in order for you to apply for AP you must get married and validate your K1 VISA first...right? If anything you should be hitting the courthouse for a quick civil ceremony to get the ball rolling the day after you arrive!

Just want to be sure you understand the order of things and how AOS after K1 works. You can have a big fancy church wedding later, but if you want to get AP, you need to get married when you arrive and apply for AOS.

[sdfghjk 0]

You say you 'won't be married by the court date'...but on another line you talk about expediting AP.

You do realize that in order for you to apply for AP you must get married and validate your K1 VISA first...right? If anything you should be hitting the courthouse for a quick civil ceremony to get the ball rolling the day after you arrive!

Just want to be sure you understand the order of things and how AOS after K1 works. You can have a big fancy church wedding later, but if you want to get AP, you need to get married when you arrive and apply for AOS.

Oh i know i have to be married first to be able to apply for the AP, but my lawyer didnt and as for expediting wont be necessary my lawyer will be representing me on that court date and all i need proof of if im not married by then is a receipt or something from the perosn who will be marrying us etc.. (since my fiancé is stubborn) he does nto want to do the whole civil court thing and big wedding after he wants it done once and well personally I dont want to get married in a court house.

Atleats things are cleared up and ill be able to go through with this with no complications.

Just need to find an official paper a sto wher eit states i cant leave since its a one way entry.. there should be something like that on uscis website