Advance Parole and Vacation, K1

[Maxheadspace 48]

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

[Dave&Roza 748]

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

[Pitaya 2,576]

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.

[KayDeeCee 4,891]

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.