Advance Parole Question

[Meganh72 9]

After applying for your Adjustment of Status, work permit and advance parole, can you leave before your advance parole is approved? My fiancé and I would like to get married in December 2018 on the K-1 visa, but he has to return to Ireland (he’s  Canadian) February 2019- May 2019 to finish his last semester of medical school. I’m nervous he won’t have enough processing time for his advance parole before leaving again! 

[Boiler 45,660]

He can always leave, AP is for getting back in again, time now c 4 months then who knows.

[Meganh72 9]

11 hours ago, Dee elle said:

Advanced Parole processing is taking around  months from submission of forms.  He won't get it by February if you don't apply until December.

If he leaves the US before receiving the AP card, he will not be allowed to return.. you will then have to apply for the CR 1 spouse visa and wait the 12 to 14 months processing before he will get back into the US. 

If the timing you have mentioned is fixed, then K1 is of no use to you.  You can marry in the US with him entering on a visitors visa, then he returns home, you apply for a CR1 visa . 

We wouldn't be able to do CR-1, because he will need to start residency in July 2019 in the United States. We are trying to find other routes so he doesn't have to start residency on a J-1 visa and be required to return home for two years after completing residency.

[Boiler 45,660]

Marry now, CR1 should be complete by July 2019.

[Meganh72 9]

1 hour ago, Boiler said:

Marry now, CR1 should be complete by July 2019.

While the CR1 is processing can he enter and leave the US again? He will be in the US during the summer for electives and again the end of the year for residency interviews. 

[Boiler 45,660]

Filing a CR1 will make no difference.