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Marzs17

K-1 to apply for advance Parole

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Hi

 

Can we apply for advance Parole without applying for AOS? my wife (benificiary) just got married a few weeks ago, Her father just passed away. we have not applied for AOS yet and her I-94 will expire in less than a week. 

 

Thank you

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1 minute ago, Marzs17 said:

Hi

 

Can we apply for advance Parole without applying for AOS? my wife (benificiary) just got married a few weeks ago, Her father just passed away. we have not applied for AOS yet and her I-94 will expire in less than a week. 

 

Thank you

Problem is her legal stay status will finish with the I94 expiry .. and unless you have filed the I485 and received the NOA1, she will not have a legal stay status against which even an emergency AP is granted.  So it’s not going to be successful 

AP when filed with AOS usually takes 4-6 months so obviously  that won’t help at all here. 

Unfortunately this scenario falls right in the middle of one of the downsides of the K1 path 

 

if it’s absolutely essential that she return to her home country , then she can do so .. and you then file for CR1 visa for her to return to the US.. that will take about a year .. but she will get the LPR status immediately on entering the US 

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Can’t apply for AP without AOS.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Nope, part of the package.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Nope - you're going to need to file for AOS first (or leave and wait out the time for a spousal visa).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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