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JDD1

Travel Outside of U.S. when adjustment of status is pending

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Filed: K-1 Visa Country: China
Timeline

My wife arrived in the U.S on a K-1 visa from China, and we were married within 90 days and filed for adjustment of status within 90 days of her arrival and the adjustment of status request (I-485) is pending. One of her close colleagues died in Canada recently. Does anyone know what her chances of getting an advance parole to travel to Canada for the funeral would be? Also, are there any disadvantages to applying for and getting an advance parole. Additionally, the funeral will probably take place within 2 weeks. Is it possible to get an advance parole quickly enough for my wife to arrive in Canada for the funeral?

Thanks,

JD

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Filed: Timeline

My wife arrived in the U.S on a K-1 visa from China, and we were married within 90 days and filed for adjustment of status within 90 days of her arrival and the adjustment of status request (I-485) is pending. One of her close colleagues died in Canada recently. Does anyone know what her chances of getting an advance parole to travel to Canada for the funeral would be? Also, are there any disadvantages to applying for and getting an advance parole. Additionally, the funeral will probably take place within 2 weeks. Is it possible to get an advance parole quickly enough for my wife to arrive in Canada for the funeral?

Thanks,

JD

Advance parole is granted as a matter of course for people who are adjusting status (and eligible to adjust status). Usually it takes a couple months, but you can get it expedited if you meet the criteria. Here is the information from USCIS: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

It looks like if you make an Infopass appointment you may be able to walk in the application to a local office for expediting.

By the way, it's too late now, but you can file for advance parole and employment authorization card at the same time as you file I-485, and it's usually granted even before the Green Card comes through.

My wife arrived in the U.S on a K-1 visa from China, and we were married within 90 days and filed for adjustment of status within 90 days of her arrival and the adjustment of status request (I-485) is pending. One of her close colleagues died in Canada recently. Does anyone know what her chances of getting an advance parole to travel to Canada for the funeral would be? Also, are there any disadvantages to applying for and getting an advance parole. Additionally, the funeral will probably take place within 2 weeks. Is it possible to get an advance parole quickly enough for my wife to arrive in Canada for the funeral?

Thanks,

JD

By the way, you probably already know this, but do not let your wife leave the U.S. while adjustment of status is pending, or it will be deemed abandoned, and she won't be allowed back in the U.S. You'll have to start over with a CR-1 application.

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