Take a Cruise while change of status pending

[guaco 0]

Hi, I'm new here. I'm not sure if I'm posting in the right forum!

My wife and I met over 5 years ago. She had a case pending for political asylum, but we got married September of last year and shortly after (October) filed i-130. Her final court case (in removal proceedings) is suspended (I'm not sure if I'm using the right term) until the result of the I-130/I-485 is determined. It's been over a year now with no update (it's currently being processed by the Nebraska service center).

The main reason for my post is because my mother is very ill and my family wanted to take a 1-2 week cruise. I have absolutely no idea if it's possible for my wife to go on a cruise or any idea what steps I can take to get her necessary paperwork. She has an immigration lawyer but I don't really trust him at all for advice on this.

Any help would be appreciated.

Thanks!

[heo luoi 206]

What kinda cruise / where? An Alaskan cruise wouldn't necessarily leave the US waters should be able to do that no matter what.

Edited November 2, 2015 by heo luoi

[guaco 0]

Unfortunately it's Bermuda/Carribean and my family already purchased their tickets.

[Jojo92122 1,924]

Does she have AP?

I would not take a cruise without AP.

Unfortunately it's Bermuda/Carribean and my family already purchased their tickets.

I would not go. Is the trip worth the risk that your wife will not be allowed back to the US?

[heo luoi 206]

http://www.visajourney.com/forums/topic/573902-advanced-parole-due-to-death-of-mother/?view=getnewpost

Agreed, check beforementioned link. Not a CR1 but it is what it is.

Does she have AP?

I would not take a cruise without AP.

I would not go. Is the trip worth the risk that your wife will not be allowed back to the US?

[guaco 0]

Does she have AP?

I would not take a cruise without AP.

I would not go. Is the trip worth the risk that your wife will not be allowed back to the US?

AP is Travel document right? She does not have that though she mentioned to me a few times we need to get it. I have no idea how long it takes to get that. The cruise is July next year. If she had a travel document would she be fine? Or is there no real answer?? I'm not directing this at you But I've searched online quite a bit it seems this is the answer everyone gives. "It's not worth the risk". It drives me crazy because it's either she can't go or she can go. Why is there such ambiguity?

I'm in a really uncomfortable situation now because for my mother it's really important - her condition is getting worse and this is kind of her one wish... to take a cruise with the family. And I can't simply leave my wife behind... I dont know what to do.

[Elf 146]

- Moved from IR-1/CR-1 Spouse Visa Process & Procedures to Working And Traveling During US Immigration -

- Topic is about whether beneficiary can travel outside US during Adjustment of Status before receiving Advance Parole -

[heo luoi 206]

Personally I wouldn't travel outside w/o AP.

I think you should invest a bit of time researching a bit more re the AP and balance of the processing. As wife suggested a few times as previously mentioned.

https://en.wikipedia.org/wiki/Advance_parole

http://www.visajourney.com/content/guides

As uncomfortable as the circumstances the processes hasn't changed. Is what it is and was.

Be prepared, worse case worst, your moms wish for her fam, if ultimate wife couldnt go, could other fam/friends assist the few days you gone? How long is the cruise?

Edited November 2, 2015 by heo luoi

[guaco 0]

Thank you. On the wikipedia page it says you're not eligible for AP if under removal proceedings. I'm not really sure if this applies to her or not since it's currently on hold until the i-130 is approved. I will have to read up on it further.

I've only taken one cruise before (NCL) and no one even checked my ID upon returning to the USA!

[Anh map 2,098]

It's risk and reward. You weigh the options and choose what you are comfortable with.

Ideally her situation is resolved by then and can travel without any issues. If not, then the travel to non US ports could result in greater hardship for the both of you later on.

[Omeka 14]

Dont allow her to travel with the family without her green card. Even with the AP its not advisable to travel with it since she has a removal proceedings that would be a red flag while he is trying to come back to the usa

Thank you. On the wikipedia page it says you're not eligible for AP if under removal proceedings. I'm not really sure if this applies to her or not since it's currently on hold until the i-130 is approved. I will have to read up on it further.

I've only taken one cruise before (NCL) and no one even checked my ID upon returning to the USA!

[madtownguy 164]

Thank you. On the wikipedia page it says you're not eligible for AP if under removal proceedings. I'm not really sure if this applies to her or not since it's currently on hold until the i-130 is approved. I will have to read up on it further.

I've only taken one cruise before (NCL) and no one even checked my ID upon returning to the USA!

Things have changed, I would imagine ports have different degrees of difficulty. I can tell you my wife and I went with AP or advanced parole on a cruise once and we were detained in a holding cell for an hour while they figured out exactly what it was. I would bet that she isn't let back into the country. The ports are just guarded better now a days. I can't speak for all of them but in Cape Canaveral I'd say 99.9% they will hold her until deportation. It's not worth the risk IMO.

[guaco 0]

I appreciate all the input - thank you everyone.

[Maria2012 16]

Most cruises visit foreign ports ( except for the coastal 1-3 day ones like seattle to san diego). Alaska cruises ALWAYS go to Canada so cruise= leaving US

[blanche 2]

Hopefully her case will be approved by July and you can all go together and enjoy yourselves as a family! Could you actually show up at an immigration office maybe to SPEAK with someone in person or is that out of the question these days? There must be some place you could ask and get a solid answer. Good luck.