Please can someone help? Emergency back home.

[Lsthorpe1 129]

Hi There,

 

I’m here on a K1 visa and im due to get married on Wednesday. 

 

Im from England.

 

Ive just had a call from my mum that my nan (grandma) is dying and has been given weeks/months to live. It’s all very out of the blue and I’m in total shock.

 

I need to go home ASAP. 

 

Ive just called USCIS and the lady on the phone was totally clueless and hesitant on her answers. Just what you need in these kind of situations! 

 

Can anyone advise me on what to do? I have researched “advance parole” but how long does it take to get approved? I feel totally trapped and helpless. I just need to get home. Is there a way I can make this happen quickly and also ensure that my re-entry to the US is successful?

 

My parents were due to come to the US on Saturday ready for the wedding, but my dad won’t be coming now because of the news. My mum will still be coming, but I’m hoping I can go home with her after.

 

Please can someone guide me?

 

Thanks.

Edited February 22, 2018 by Lsthorpe1

[Ben&Zian 4,397]

Well first off, get married and file for the AOS. File for the AP with the I-485 and you can request an expedite; but I don't know if they will approve it for family sickness/injury/death or not, but obviously you can try. 

 

If they did expedite it for you, I'm not entirely sure how long it would take but would assume at least 3-5 weeks. If they don't expedite it, you'll be waiting the standard 3-4 months for the combo card (EAD/AP).

 

All you can do is try.....

[RJandHamid 1,128]

You can also try making an Infopass appointment at your local office. Not sure if you need to be married in order to qualify for the emergency advanced parole however. 

 

https://my.uscis.gov/helpcenter/article/is-emergency-advance-parole-available

[Chris Duffy 1,256]

You can file for Emergency AP.   Can't say I remember a person getting one approved due to sickness or death in the family.

[yuna628 9,540]

I believe you would need to marry and file for AOS with AP/EAD immediately. Then you would need to get an Infopass appointment, go in, and file for an emergency scenario AP on the spot (not sure if there would then be an additional charge on that). There's nothing else you can really do and it will be up to them to decide if it's granted to you.

 

If you leave the United States without obtaining AP you will cancel the entire process. You would then have to start over and file for a spousal visa.

 

I know how difficult this is... unfortunately my husband's grandmother fell ill the week of our wedding, and she passed shortly afterwards. We were unable to attend the funeral or anything.

[Wuozopo 4,285]

I would add that your nan would probably be more distressed knowing you abandoned your visa and delayed your planned future for a year just to rush to her deathbed. When you are a parent or grandparent you will understand that your child's happiness is always more important to you than your personal needs. Try to cope with your grief and maybe plan your wedding to include something from nan, like her hankie, or a piece of her jewelry, a photo, or wear her ring as a symbol of generations moving forward and carrying on her legacy and her family. 

[dentsflogged 352]

I don't have any words of advice beyond what others have said about the process, and I don't envy you the decision you have to make here. 

As heartbreaking as it is in the short-term to think of it: I doubt your grandmother would want you to drop something you've worked so hard on. 

And, if I can be somewhat (but not really) off-topic and probably unwanted but realistic advice: having sat in the hospital room with my dad while he died - if I could go back in time and change the fact that I did that, I'd do it without hesitation.  One day of the stress, heartbreak and horror of that has been enough to ruin years of happy memories because that's all I can think of when I think about my dad now.   I know that this won't be the case for everyone, but I don't wish that scenario on anyone. 

[JFH 12,189]

9 hours ago, Chris Duffy said:

You can file for Emergency AP.   Can't say I remember a person getting one approved due to sickness or death in the family.

There is a member who has in her signature that she received advanced parole due to the imminent death of her father. It was granted same day and she left that night or the next night. I'll try and find her user name. 

[Hypnos 6,576]

OP hasn't married or filed for AoS yet, so emergency AP isn't an option until both of those things have happened. 

 

OP, should you choose to leave right now (before marrying) then you may be able to do what is known as visa revalidation. 

 

- Only the embassy (London, in your case) can do this. 

 

- Your K-1 visa would be re-issued with a new expiry date of no later than 90 days from your original entry. 

 

- With a revalidated K-1, you would still need to marry within 90 days of your original admission date. 

 

- If you marry, visa revalidation for your K-1 is no longer possible. At that point, if you choose to leave you would then have to be petitioned from scratch for a CR-1; this would take around ~12-14 months to complete. 

 

If you wish to consider visa revalidation then you should immediately contact the US embassy in London to ask about it. You would likely need to pay the K-1 visa application fee again. 

 

The revalidation rule for a K-1 can be found at 9 FAM 41.81 N6.3 :

 

"If a K-1 visa, valid for a single entry and a six-month period, has already 
been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status."

Edited February 23, 2018 by Hypnos

[Cyberfx1024 7,978]

9 minutes ago, Hypnos said:

OP hasn't married or filed for AoS yet, so emergency AP isn't an option until both of those things have happened. 

 

OP, should you choose to leave right now (before marrying) then you may be able to do what is known as visa revalidation. 

 

- Only the embassy (London, in your case) can do this. 

 

- Your K-1 visa would be re-issued with a new expiry date of no later than 90 days from your original entry. 

 

- With a revalidated K-1, you would still need to marry within 90 days of your original admission date. 

 

- If you marry, visa revalidation for your K-1 is no longer possible. At that point, if you choose to leave you would then have to be petitioned from scratch for a CR-1; this would take around ~12-14 months to complete. 

 

If you wish to consider visa revalidation then you should immediately contact the US embassy in London to ask about it. You would likely need to pay the K-1 visa application fee again. 

 

The revalidation rule for a K-1 can be found at 9 FAM 41.81 N6.3 :

 

"If a K-1 visa, valid for a single entry and a six-month period, has already 
been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status."

I was about to say this as well because we have seen it done here on VJ with success.

[Ashley Scott 180]

Also, if you do decide to proceed with the marriage and file for AOS/AP, you will need documented proof of what is going on in order to expedite the case.  You will need information from your nan's doctor stating that she is indeed terminal and the expectancy of her life and possibly additional documents.  We unfortunately experienced this as well.  My husband's gran passed away 2 weeks before he received his green card and we were unable to expedite the case so he was unable to attend her funeral. 

 

It is not an easy situation and I really hope you are able to make something work for you all.  I would look into the revalidation of the k1.  That sounds like your best option at this time.  Good luck. 

[AL-MJD 144]

Visa revalidation certainly sounds like the best solution here.

 

If it is not available to you, consider marrying at a courthouse as soon as you can, and immediately applying for Emergency AP, and try as best as you can, to enjoy your ceremony on Wednesday. I am not sure if a few days will help you receive your AP faster, but i understand it's worth a shot.

[Drillerone 31]

23 hours ago, Lsthorpe1 said:

Hi There,

 

I’m here on a K1 visa and im due to get married on Wednesday. 

 

Im from England.

 

Ive just had a call from my mum that my nan (grandma) is dying and has been given weeks/months to live. It’s all very out of the blue and I’m in total shock.

 

I need to go home ASAP. 

 

Ive just called USCIS and the lady on the phone was totally clueless and hesitant on her answers. Just what you need in these kind of situations! 

 

Can anyone advise me on what to do? I have researched “advance parole” but how long does it take to get approved? I feel totally trapped and helpless. I just need to get home. Is there a way I can make this happen quickly and also ensure that my re-entry to the US is successful?

 

My parents were due to come to the US on Saturday ready for the wedding, but my dad won’t be coming now because of the news. My mum will still be coming, but I’m hoping I can go home with her after.

 

Please can someone guide me?

 

Thanks.

Contact your senator as soon as possible. The senator will help you for sure

[Hypnos 6,576]

30 minutes ago, AL-MJD said:

consider marrying at a courthouse as soon as you can, and immediately applying for Emergency AP,

Emergency AP isn't an option until an I-485 has been filed. 

[AL-MJD 144]

14 minutes ago, Hypnos said:

Emergency AP isn't an option until an I-485 has been filed. 

Ah yes, like what I mean is, instead of applying for I-485 on Wednesday after being officially married, marry 3-4 days earlier in a simple courthouse, apply for I-485 then.

 

Again, I'm not sure how a few days will help, but it's worth a shot.

 

Also, I still think a visa revalidation is the best solution right now, but if it's not possible to cancel the wedding, if the 90 days from the original date of entry is too soon, if for any reason visa revalidation is not possible, consider getting married earlier, getting an I-485 done earlier, emergency advance parole done earlier.

 

I believe it would put the OP's mind at relatively better ease than having to wait until Wednesday.