Advance Parole

[Snag 57]

G'day! My husband and I are about to submit our package to adjust my status from the B2 visa. My visitor visa length in the US expires on the 12th of July, 2013, but I do know that I go into the "AoS pending" stage once they've received our packet. The deal is we're debating whether or not advance parole is worth our time, and I'm curious to know what the members on the forum say. Reason for departure is my oldest brother's wedding. He's got a lot of mental issues, and really won't understand the reason why I couldn't attend his wedding. I've read that a wedding alone is not a good enough reason for advance parole to be issued, and I'm ready for the possibility of rejection.

My questions are:

1. We're mailing it in the next week. Will it matter if I'm overstayed when I depart? I'm sure my status will have changed to AoS pending by then, but we're pretty nervous if it isn't the case.
2. How likely is advance parole cases to be rejected? Anyone got any rejection/acceptance cases to burden my soul? Haha
3. Is there any sort of "evidence" or "reason" I need to provide, if we do decide to apply for the advance parole? I know for us Part 4 is to be left blank, asking what purpose is this trip, so I had to ask.

It should be noted that I was not a K1 holder. I came here on my B2 visa with the simple objective to meet my fiance's family, friends, church etc. Long story short, we decided to marry a month after I arrived, and set our wedding date two months after our decision to wed. I have read countless times from members that this was "illegal" or something. Not so. I did not have the intent to marry my man when I hopped on a plane. Life just throws some funny twists and turns on the journey.

If anyone could help an Aussie out, that would be great. Thanks!

Edited May 23, 2013 by Snag

[Harpa Timsah 13,258]

AP is routinely approved for people with I-485 pending. You don't need an emergency to have it approved.

So it will be approved and you can use it, no problem

The only issue is the timing. When is the wedding? Expect AP to be approved in 90 days from when you send in the packet.

Edited May 23, 2013 by Harpa Timsah

[Snag 57]

AP is routinely approved for people with I-485 pending.

So it will be approved and you can use it, no problem

The only issue is the timing. When is the wedding? Expect AP to be approved in 90 days from when you send in the packet.

Thanks, Harper Timsah. Your information was helpful. The wedding is July 20th, (gulp) so we are cutting it extremely close, we know, and we really have little chance. I have heard cases where the parole has been approved in three weeks, so there's always hope.

But then again, if I'm wasting my time, and cutting down another mini forrest, perhaps it's not worth it.

[Harpa Timsah 13,258]

I have never seen a case of AP being approved in 3 weeks.

What I usually see is people who expect they will be on the short side of things, make plans and then get depressed when it doesn't go their way.

Because it is not an emergency, there is no chance to get it sped up. You will have to wait for the time to come, and that time is 90 days. I don't think you'll make it by July 20 (that is less than 2 months away) but, here's hoping. Good luck to you.

[Oksana & Max 94]

I have to agree with Harpah. AP usually takes about 90 days. Yes there are emergency cases where it could get approved faster, however I have doubts that wedding would be classified as that, especially since you came here on B2 visa, and applied for AOS, it would just trigger a red flag right away. I would recommend wait for AOS, yes it does take a long time, but you will not take any chances or you can leave before your visa is expired and your husband can apply for CR-1 visa, however it will take about 10-12 month for you to come back, though you will be able to attend your brother wedding.

[Snag 57]

I have never seen a case of AP being approved in 3 weeks.

What I usually see is people who expect they will be on the short side of things, make plans and then get depressed when it doesn't go their way.

Because it is not an emergency, there is no chance to get it sped up. You will have to wait for the time to come, and that time is 90 days. I don't think you'll make it by July 20 (that is less than 2 months away) but, here's hoping. Good luck to you.

Thanks for being a realist (no, I'm serious. I really wouldn't want to get too caught up in the clouds!). My mother has been eager for me to buy my ticket, but for that exact reason "get depressed when it doesn't go their way" I've held off and decided to save my $2,000 for something more profitable. We'll see what happens.

[Snag 57]

I have to agree with Harpah. AP usually takes about 90 days. Yes there are emergency cases where it could get approved faster, however I have doubts that wedding would be classified as that, especially since you came here on B2 visa, and applied for AOS, it would just trigger a red flag right away. I would recommend wait for AOS, yes it does take a long time, but you will not take any chances or you can leave before your visa is expired and your husband can apply for CR-1 visa, however it will take about 10-12 month for you to come back, though you will be able to attend your brother wedding.

As much as I love my brother...

Well, we might ditch the form altogether and just wait it out. Let's hope my family is just as understanding. Thanks for the sound advice. I feel like such a noob with the whole process, but, I guess you just don't know unless you've been through it all!

[Oksana & Max 94]

As much as I love my brother...

Well, we might ditch the form altogether and just wait it out. Let's hope my family is just as understanding. Thanks for the sound advice. I feel like such a noob with the whole process, but, I guess you just don't know unless you've been through it all!

You don't really need to "ditch the form" as it is free anyway. So it will never heart to have it anyway just in case.

[Snag 57]

You don't really need to "ditch the form" as it is free anyway. So it will never heart to have it anyway just in case.

That's true. I'm just afraid of stepping on eggshells - like a denial of advance parole will doom the rest of our application, silly of me! Thanks for the advice, once again.

[Harpa Timsah 13,258]

You can apply for it. It's free and it won't be denied. The only issue is if it will get approved in time to be of use to you. Best of luck.