Emergency Circumstances

[the.ronin 0]

Under the K1 visa, how does one facilitate a return to the foreign national's country under an emergency circumstance?

Specifically, her nephew has fallen very very ill. He did not wake up and was taken to the hospital. We moved to the U.S. just over 1 month ago and have yet to marry (scheduled for Dec 1) and as such have yet to file AOS nor advanced parole. I understand that under emergency circumstances, the foreign national can go back and return to the U.S.

Any clarification, advice and comments would be greatly appreciated.

[Jesse and Hema 2]

I haven't been through this, but I asked a similar question ( http://www.visajourney.com/forums/index.php?showtopic=94192 ).. Turns out you can get an emergency AP for something things like this. Worth checking into.

[msu17 0]

I know you can get an emergency AP after you have filed for AOS, but I dont know how that works with the K1. Perhaps make an infopass appt., explain the situation and see what can be done.

[pushbrk 13,612]

I know you can get an emergency AP after you have filed for AOS, but I dont know how that works with the K1. Perhaps make an infopass appt., explain the situation and see what can be done.

My understanding is you first marry, file AOS and then go to a USCIS local office and ask for emergency AP.

If you do not marry and file AOS first, it is possible to arrange another entry through the Consulate but it must occur during the original 90 day time window.

If you are unable to do either (and I wouldn't count on either) you'll be starting the visa process over again. (K1 if not married or spouse visa if you only accomplish the marriage but not the AOS filing)

Tough situation for all concerned. Good luck to you.