emergency travel before AOS

[dburnt 59]

Hi VJ community...hoping for some help here.

I received my K1 visa, entered the USA on August 28, 2014. My fiance and I married on September 22. Our plans were to file for AOS as soon as we receive the marriage certificate, but this will be at least a week or two.

Here is the problem. My mother suffered a stroke this past Monday (coincidently on our wedding day) while travelling in Europe. She is partially paralyzed and will be confined to a wheelchair and so to a home indefinitely. My father, who has Alzheimers will also have to go into a home. While my sister lives in Canada, there will be a major number of things that will need doing (disposal of the family home. arrangements for long term care, etc.), and she does not live in the same part of the country that our parents do. The doctors in Europe want to send her back to Canada as soon as possible.

What are my options for being able to travel back to Canada for a short period to assist in this transition? Is this something that would even be possible when we can't even file for AOS for a couple of weeks?

Who should we be contacting about this (which office, etc.)? I'm understandably distraught, as this is completely unexpected (mom was healthy as a horse), and don't even know where to begin.

Your collective advice would be most welcome.

Moderator - not sure where this post belongs/

[Hypnos 6,576]

Since you have not yet filed for AoS then you cannot file for AP, or emergency AP. Your K-1 was a one-time visa for entry into the US which could possibly have been revalidated, but not now that you are married.

In short, if you depart the US now you won't be able to re-enter as a K-1 or under AP. You may be able to visit temporarily as a Canadian visitor under those usual procedures, but that would only be as a tourist and you would not be able to remain or settle here.

If you want advice, file for AoS immediately, and then once you have all of your NOA receipts ask USCIS to expedite your AP (I-131) based on the health situation of your parents.

[Merrytooth 5,748]

Since you have not yet filed for AoS then you cannot file for AP, or emergency AP. Your K-1 was a one-time visa for entry into the US which could possibly have been revalidated, but not now that you are married.

In short, if you depart the US now you won't be able to re-enter as a K-1 or under AP. You may be able to visit temporarily as a Canadian visitor under those usual procedures, but that would only be as a tourist and you would not be able to remain or settle here.

If you want advice, file for AoS immediately, and then once you have all of your NOA receipts ask USCIS to expedite your AP (I-131) based on the health situation of your parents.

Doesn't OP need to do his biometrics first before USCIS will expedite the I-131?

[Hypnos 6,576]

I-131 does not require biometrics, only the I-485 and I-765.

After AoS has been filed they would take the I-131 receipt NOA, a couple of passport photographs, and documentation of the emergency situation to an Infopass appointment and ask for expedited AP on an emergency basis.

Edited September 24, 2014 by Hypnos

[dburnt 59]

so we should file for AOS even though we do not have proof of marriage (other than a copy of the signed licence)?

[Hypnos 6,576]

You could file without the marriage certificate but it will be a guaranteed RFE for it if you do that. On the other hand it will get you the receipt NOAs faster, which would then allow you to ask for emergency AP.

Have you tried asking the local registrar or clerk (whoever issues your marriage certificate) to issue your marriage certificate quickly? If you explain the situation they might be able to knock you out a certificate which you could then use to file for AoS. That's what I would try first.

Edited September 24, 2014 by Hypnos

[Ian H. 207]

I'm so sorry about your situation. It's a very frustrating experience not knowing what to do or trying to straighten things out. As suggested above, I don't think you can do anything before submitting the AOS application. The K1 visa is a one time entry visa and cannot be reused.

Therefore, even if your visa is still valid or your I-94 is still good, you wouldn't be able to travel outside the country since you would lose your status and would have to apply for a spouse visa in order to reenter the US.

The thing is that in order to apply for AP, your AOS application has to be pending or you have to submit it with the AOS application.

I was reading online, and it looks like you would be able to apply at your local office for an emergency AP document. They can be issued the same day and it's at the discretion of the local director whether to accept or deny the application at the local office. They recommend you do an infopass appointment first. This is a legitimate emergency situation and as long as you can provide proof of that, there's no reason why they should deny the request.

Now, this may be a long stretch, but if you are able to file the AOS application at the local office given the situation, that would be great. Because that way you could apply for the AP doc right there.

Now it doesn't hurt to try this and here's why: When I needed to urgently renew my little sister's passport, and this was not a medical emergency it was a vacation, we could not find any available appointments. They insist both online and over the phone that you cannot go there without an appointment. It turns out, a lot of people weren't able to make appointments too. Everyone got a passport, as long as they had proof of travel within next two weeks.

My point here is that although there is no known way if you can actually file for AOS at a local office (at least none that I know of), it does not hurt to try. You have an emergency situation and you can try this. I know they used to accept applications in person before, so the only way to know if they make an exception, is to actually try it. The worst that can happen is that they say no.

If they say no, you have to apply by mail, wait for the NOA1 and then go again to the local office to try and get the expedited AP. In either case, you cannot get AP without having the pending AOS application. I hope you are able to find a way to get things resolved and good luck!

[Hypnos 6,576]

I very much doubt that a local office would accept an I-485, even on an emergency basis.

[Ian H. 207]

According to this all the way at the bottom, it looks like she does need biometrics or she may be denied entry and/or lose her application. Of course this is from 2010, so I don't know if it's out of date.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

I-131 does not require biometrics, only the I-485 and I-765.

After AoS has been filed they would take the I-131 receipt NOA, a couple of passport photographs, and documentation of the emergency situation to an Infopass appointment and ask for expedited AP on an emergency basis.

That's why I said it was a long stretch and the worst that could happen is that they say no. It never hurts to try.

[Hypnos 6,576]

On the biometrics letter you receive it specifically states that your biometrics are being captured for the I-485 and I-765 only; the I-131 is not listed.

The OP would certainly need to attend or reschedule the biometrics appointment that will be given to her probably within a month of their application.

Edited September 24, 2014 by Hypnos

[Al422 221]

Sorry for all the bad news, but you cannot leave and re-enter the US without that AP, no way, no how. Your best bet is to move the AOS and AP along as fast as you can.

The municipality where you got your marriage license is delaying your marriage certificate? We got ours the day we were married. Can you find out how to speed it up? This is really the only way.

[Ian H. 207]

That's because we live in NYC, everything here is fast lol.

OP: I wonder if they can give you at least a temporary marriage certificate, or some other verifiable proof that you got married? This way you can at least file the AOS as Hypnos suggested even if it results in an RFE.

[dburnt 59]

We were married in Key West, Florida, along with (it seems) dozens of other couples...we witnessed at least 4 ceremonies just looking out the hotel window...it's a wedding mecca I think. As such, the office here takes at least a couple of weeks to issue, and then the mail. Instead, we are taking it in when we arrive home and our local clerk had previously indicated a few days, week tops.

I will definitely take the advice to ask for her to fast-track it...our AOS forms were completed some time ago (just waiting to be signed and dated when the marriage was finished), so will keep fingers crossed. It is unlikely that my mom will be cleared to fly home immediately anyway, so I am praying that we can be ready.

Thanks so much for your advice all.

Also, very glad we didn't wait any longer to get married...at least that is done

[KayDeeCee 4,893]

I agree with filing the AOS paperwork now and then asking for the expedited, emergency AP. You can deal with the RFE for the marriage certificate when it comes.

[Mollie09 1,543]

We were married in Key West, Florida, along with (it seems) dozens of other couples...we witnessed at least 4 ceremonies just looking out the hotel window...it's a wedding mecca I think. As such, the office here takes at least a couple of weeks to issue, and then the mail. Instead, we are taking it in when we arrive home and our local clerk had previously indicated a few days, week tops.

I will definitely take the advice to ask for her to fast-track it...our AOS forms were completed some time ago (just waiting to be signed and dated when the marriage was finished), so will keep fingers crossed. It is unlikely that my mom will be cleared to fly home immediately anyway, so I am praying that we can be ready.

Thanks so much for your advice all.

Also, very glad we didn't wait any longer to get married...at least that is done

I wonder if Monroe county is different from Miami-Dade because we got married there and we took our signed Marriage License to the office the Monday after the wedding and they stamped it and it became a Marriage Certificate. They kept the original and gave us two certified copies on the spot. We filed AOS with that and used it for everything, no questions asked.

I've since requested additional copies and they sent me one which looks different.