Jump to content
Sign in to follow this  
Maxheadspace

Advance Parole and Vacation, K1

4 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

My (now) wife has been in the US for about six months. We submitted for AOS just after two months, but I did not submit for advance parole because we thought we had no reason to leave the country. Now we are thinking of a Caribbean cruise for a honeymoon while we are awaiting AOS, which would require parole to get back into the US. When I was reading through the I-131 instructions, it said we needed a valid K visa to be paroled back into the US, but her K1 visa expired 13 August (of course we were married by then). From the instructions, I got the impression that parole would be for things such as leaving the country to get children, not really to take a vacation. Is that true? If her K1 visa expired 13 August, is it considered still valid since we got married before the expiration?

Many thanks!

Max

Share this post


Link to post
Share on other sites

My (now) wife has been in the US for about six months. We submitted for AOS just after two months, but I did not submit for advance parole because we thought we had no reason to leave the country. Now we are thinking of a Caribbean cruise for a honeymoon while we are awaiting AOS, which would require parole to get back into the US. When I was reading through the I-131 instructions, it said we needed a valid K visa to be paroled back into the US, but her K1 visa expired 13 August (of course we were married by then). From the instructions, I got the impression that parole would be for things such as leaving the country to get children, not really to take a vacation. Is that true? If her K1 visa expired 13 August, is it considered still valid since we got married before the expiration?

Many thanks!

Max

First, the K-1 visa expired the day she entered the US. The date on the K-1 visa is the date it must be used to enter the US. Once in the US you had 90 days to get married. Once married you file the AOS packet and it is highly recommended that you file the AP and EAD at the same time. You can now file the AP and include a copy of the NOA1 with the application as it is still free. The problem is that the processing time is still the same (about 90 days) and now you may get the GC before the AP arrives. AP for a K-1 can be used for any travel while waiting for the GC to be processed. I would not leave until she has either the AP or GC as getting back into the country without either is very difficult as the USCIS will consider the application for AOS abandoned and you will need to start all over with a spousal visa.

Either course you choose, filing for AP or just waiting for the GC, do not make and travel arrangements until the card is in your wife's hand.

Good luck,

Dave

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

Her one-time, one-way K1 visa was canceled as soon as she was processed by CBP at her US Port of Entry. As has been mentioned numerous times, due to the prolonged AOS processing times, when filing AOS, you should also concurrently file for EAD/AP combo card. Have no fear, you can still apply for EAD/AP combo card by filling out the proper applications, enclosing a copy of your AOS NOA1 receipt. It will take 60-90 days for the combo card to be processed.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Share this post


Link to post
Share on other sites
Filed: Country: Mexico
Timeline

You can use AP to go on a vacation. As the others said, you can go ahead and file for it now. The fee will be waived because you have a pending I-485. Just send a copy of your I-485 receipt notice along with your I-131 and supporting documentation.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...