Emergency AP

[panthai 0]

Hello everyone, I have a situation. My fiance arrived in the USA one week ago on a K-1 Fiance visa. I know that we have 90 days to get marry and start the AOS process. However, my fiance just received a call that her grandmother is in the hospital and is very ill. She wants to be with her because the doctor said that she is very sick and may not make it.

The question is how do I get the AP approve for her? Does she have to be approved first before leaving out of the country? or can she just leave the US and I file the AP while she is out of the US? Can that be done?

This process of the AP is very confusing and really in need of your help. We appreciate anyone that can help.

[Autumnal 25]

I don't know if she can leave the country or not without the AP. To be honest, I wouldn't risk it if I were in your shoes, not without making an InfoPass appointment and finding out the situation.

For an emergency AP, I'm afraid I don't really know how it works. Sorry!

[JamesT 12]

I'm not certain about this, but I'm pretty sure if she leaves now she won't be able to get back in the country unless you go through the entire fiancee visa process again from the beginning.

[twellspeak 0]

I can't find anything on the USCIS website on this subject. But I believe you would have to start the K-1 process from the beginning. I don't know if it is actually possible or not, but I remember reading somewhere that someone in a similar situation had their K1 re-validated.. might want to call uscis and see if it can be done.

Hello everyone, I have a situation. My fiance arrived in the USA one week ago on a K-1 Fiance visa. I know that we have 90 days to get marry and start the AOS process. However, my fiance just received a call that her grandmother is in the hospital and is very ill. She wants to be with her because the doctor said that she is very sick and may not make it.

The question is how do I get the AP approve for her? Does she have to be approved first before leaving out of the country? or can she just leave the US and I file the AP while she is out of the US? Can that be done?

This process of the AP is very confusing and really in need of your help. We appreciate anyone that can help.

[twellspeak 0]

OK, found it.... good news and bad news... check the link.

http://www.visajourney.com/faq/k1k2visa-enter.html#5.13

Hello everyone, I have a situation. My fiance arrived in the USA one week ago on a K-1 Fiance visa. I know that we have 90 days to get marry and start the AOS process. However, my fiance just received a call that her grandmother is in the hospital and is very ill. She wants to be with her because the doctor said that she is very sick and may not make it.

The question is how do I get the AP approve for her? Does she have to be approved first before leaving out of the country? or can she just leave the US and I file the AP while she is out of the US? Can that be done?

This process of the AP is very confusing and really in need of your help. We appreciate anyone that can help.

[helsbells 0]

Basically she cannot leave the country unless she wants to commence the K1 petition all over again. Your best hope is get married immediately (your local court may be able to provide a marraige license and waive the standard waiting time) and apply for AOS immediately.

Once you get your NOA1 book an infopass to obtain AP, unfortunately even if you were to get married today and lodge your AOS package tomorrow the waiting for the NOA1 could be anywhere from 2 weeks to a month and a half.

It is an unfortunate situation and you will have to work out your priorities.