EMERGENCY

[JenniferEstervin 0]

Hey , so i(the petitioner) went thru the k1 visa process. my husband(the beneficary) is already in the united states , we got married last month and as of yet we havent filed for the green card. My husband has an emergency that he has to go back to his country to reaolve some legal paper issue, once he leaves the US he isnt allowed back, is there a permission he can take out to leave the us and come back with a green card? Or does anyone have a number in which we can call ? HELP ,PLEASE AND THANK YOU

[Lowlie 191]

This will explain what you need......

http://www.hg.org/article.asp?id=19212

But let me tell you from personal experience, even if a person applies for Advance Parole in an emergency, it will be 90 to 120 days before it's in their hands, and there is no way...NO WAY a person will get back into the USA without it. My husband and I have been apart from each other for over a year on account of this. We waited 8 months to get a K1, but because he left without Advance Parole, we had no other choice but to apply for CR1. We applied first of September 2014 and still don't have the visa yet.

[Daisy.Chain 317]

You can set up an infopass meeting to request an emergency travel waiver. I have seen some people have success with it, but you will need documentation of the situation. Good luck!

[TBoneTX 45,524]

*** Thread moved from K-1 Process forum to the Working & Traveling forum -- topic is travel. ***

[Mike-eeh and Odie 193]

It is also important to note that while AP can get you back into the country, it is not a guarantee that a Immigration Officer will allow you entry.

[newacct 688]

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

He can try to either 1) get his AP application expedited, or 2) get an emergency AP, depending on the emergency.

[Boiler 45,663]

When did you intend filing to adjust?

[3rd 84]

My fellow August filer had to get emergency advance parole, which I think you need to schedule and info's appointment for. Just be aware that just because the document allows you entrance back into the US, it doesn't necessarily mean that the officer at the POE will allow you in. Just like with any visit, they get final say on who is allowed in.

[raven52 233]

I would think this emergency has "great urgency" for you to know that.,.,.,.,unless you are extremely lucky, and get the expedited AP or he can wait, for your regular AP filed through the AOS process, .,.,,then if he wants to come back, it is the CR-1 spousal visa.,.,.,which.,.,,I have read so many times on this, but I would say a year or more.,.,unless you get lucky.

Maybe some "sole searching" is necessary, to see if this is the road you have to, or need to travel.

I am really sorry for this situation after the gruesome K-1 adventure, all I can do is say,

Good Luck!

[Hypnos 6,576]

OP has yet to file for AoS, meaning AP is not an option.

If he leaves then you will need to file for a CR-1 spousal visa, which will take about a year.

Edited October 6, 2015 by Hypnos

[Unidentified 2,930]

Get the AOS in ASAP (totally doable to send in same day) and once you get your case number (after about 2-3 days) head over to a USCIS office to request Emergency AP and if they accept his reason he will receive it on the spot within the hour not after 90 days. I'm talking from personal experience and not wild guesses. I had to do this when my father passed away.

This is what you will need:
Evidence of what your fiance needs the Emergency AP for
Your AOS case number
2 passport photos
A cheque because you will have to pay $360 for the Emergency AP (it might be that you won't have to pay if they see the regular AP in the system, mine was not in yet)

DISREGARD people who say there is a big chance your fiance will get denied when he re-enters. That is if he stays out for a very long time or if he has done something that any other person would get denied for like smuggling drugs or whatever. The biggest issue will be leaving his home country again because they have never seen that kind of document. The person checking me in to my flight had so much issues he just picked a random visa category in the computer system just to get me on the plane.

[JenniferEstervin 0]

Thanks everyone for your help , lets see how this goes

[belinda63 3,039]

Step one is file for AOS. After you have the NOA-1 take this to the local office with proof of why he must leave. They might issue an AP document on the spot.