Travelling International post-marriage, pre-AOS filing

[Lenny Pumpskin 0]

Fiance entered USA on a K1 visa.

My fiance and I recently got married. We haven't filed for our AOS yet (will actually be overnighting packet today). My wife just found she has to return to her home country (Germany) for an emergency on November 28th. Today is the 17th.

Here is what we know:

1) You can't travel outside the US while AOS is being processed without an Advance Parole document.

2) You apply for an Adavance Parole document with your AOS packet - Form I-131.

3) You can apply at a local USCIS office for an emergency AP document if your AOS is being processed and you are in posession of a receipt.

So like I said, as of 11/17 we haven't filed just yet - will send out packet today - so we are not in posession of a receipt. How can we get her to Germany on 11/28 and back to the US a week later, given our current circumstances?

One idea we had was to not file AOS yet and have her travel internationally on a tourist visa (and re-enter the US on a tourist visa) then file AOS upon her return. But this seems risky at best.

Any and all advice is welcome. Thanks in advance.

Edited November 17, 2007 by Lenny Pumpskin

[~Nini~ 2]

One idea we had was to not file AOS yet and have her travel internationally on a tourist visa (and re-enter the US on a tourist visa) then file AOS upon her return. But this seems risky at best.

This will not work. Best thing to do is make an Infopass appointment.

[athena_ny 1]

Fiance entered USA on a K1 visa.

My fiance and I recently got married. We haven't filed for our AOS yet (will actually be overnighting packet today). My wife just found she has to return to her home country (Germany) for an emergency on November 28th. Today is the 17th.

Here is what we know:

1) You can't travel outside the US while AOS is being processed without an Advance Parole document.

2) You apply for an Adavance Parole document with your AOS packet - Form I-131.

3) You can apply at a local USCIS office for an emergency AP document if your AOS is being processed and you are in posession of a receipt.

So like I said, as of 11/17 we haven't filed just yet - will send out packet today - so we are not in posession of a receipt. How can we get her to Germany on 11/28 and back to the US a week later, given our current circumstances?

One idea we had was to not file AOS yet and have her travel internationally on a tourist visa (and re-enter the US on a tourist visa) then file AOS upon her return. But this seems risky at best.

Any and all advice is welcome. Thanks in advance.

The tourist visa idea would be visa fraud.

Without even having filed AOS, you can't get emergency AP, as far as I know.

Looks like you'll have to file for a K3 or CR-1 and start all over.

[msu17 0]

According to the USCIS website: Q : What if I need advance parole? NEW

We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.

I'd overnight it and then make an infopass appt. tomorrow. Good luck!

Edited November 17, 2007 by msu17

[Lenny Pumpskin 0]

Fiance entered USA on a K1 visa.

My fiance and I recently got married. We haven't filed for our AOS yet (will actually be overnighting packet today). My wife just found she has to return to her home country (Germany) for an emergency on November 28th. Today is the 17th.

Here is what we know:

1) You can't travel outside the US while AOS is being processed without an Advance Parole document.

2) You apply for an Adavance Parole document with your AOS packet - Form I-131.

3) You can apply at a local USCIS office for an emergency AP document if your AOS is being processed and you are in posession of a receipt.

So like I said, as of 11/17 we haven't filed just yet - will send out packet today - so we are not in posession of a receipt. How can we get her to Germany on 11/28 and back to the US a week later, given our current circumstances?

One idea we had was to not file AOS yet and have her travel internationally on a tourist visa (and re-enter the US on a tourist visa) then file AOS upon her return. But this seems risky at best.

Any and all advice is welcome. Thanks in advance.

The tourist visa idea would be visa fraud.

Without even having filed AOS, you can't get emergency AP, as far as I know.

Looks like you'll have to file for a K3 or CR-1 and start all over.

thanks for the quick replies. As far as getting an emergency AP without filing - If we file but do not yet have the receipt, is it still possible to get an emergency AP?

We have an InfoPass appointment for Monday. And we will not be doing that tourist visa idea.

If the only option is to abandon our current AOS and re-apply for K3 or CR-1 then she will probably not be going.

[pushbrk 14,106]

Fiance entered USA on a K1 visa.

My fiance and I recently got married. We haven't filed for our AOS yet (will actually be overnighting packet today). My wife just found she has to return to her home country (Germany) for an emergency on November 28th. Today is the 17th.

Here is what we know:

1) You can't travel outside the US while AOS is being processed without an Advance Parole document.

2) You apply for an Adavance Parole document with your AOS packet - Form I-131.

3) You can apply at a local USCIS office for an emergency AP document if your AOS is being processed and you are in posession of a receipt.

So like I said, as of 11/17 we haven't filed just yet - will send out packet today - so we are not in posession of a receipt. How can we get her to Germany on 11/28 and back to the US a week later, given our current circumstances?

One idea we had was to not file AOS yet and have her travel internationally on a tourist visa (and re-enter the US on a tourist visa) then file AOS upon her return. But this seems risky at best.

Any and all advice is welcome. Thanks in advance.

If I were your I wouldn't file the AOS yet. Make an infopass appointment for ASAP. If that is not soon enough, just walk in. Carry your papers with you and documentation of the emergency. Then beg for an emergency AP. Use your case file as proof. Let them mail it if they will.

[athena_ny 1]

Fiance entered USA on a K1 visa.

My fiance and I recently got married. We haven't filed for our AOS yet (will actually be overnighting packet today). My wife just found she has to return to her home country (Germany) for an emergency on November 28th. Today is the 17th.

Here is what we know:

1) You can't travel outside the US while AOS is being processed without an Advance Parole document.

2) You apply for an Adavance Parole document with your AOS packet - Form I-131.

3) You can apply at a local USCIS office for an emergency AP document if your AOS is being processed and you are in posession of a receipt.

So like I said, as of 11/17 we haven't filed just yet - will send out packet today - so we are not in posession of a receipt. How can we get her to Germany on 11/28 and back to the US a week later, given our current circumstances?

One idea we had was to not file AOS yet and have her travel internationally on a tourist visa (and re-enter the US on a tourist visa) then file AOS upon her return. But this seems risky at best.

Any and all advice is welcome. Thanks in advance.

The tourist visa idea would be visa fraud.

Without even having filed AOS, you can't get emergency AP, as far as I know.

Looks like you'll have to file for a K3 or CR-1 and start all over.

thanks for the quick replies. As far as getting an emergency AP without filing - If we file but do not yet have the receipt, is it still possible to get an emergency AP?

We have an InfoPass appointment for Monday. And we will not be doing that tourist visa idea.

If the only option is to abandon our current AOS and re-apply for K3 or CR-1 then she will probably not be going.

Not sure what the nature of the emergency is but msu17 posted:

When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.

Do you have delivery confirmation? If you do, and know the date the application was received, that may work, but I am not sure.

Edit: Just realized that the packet hasn't been sent yet, and according to what msu17 posted, it seems like they have to at least received the packet to issue emergency AP...I would hope pushbrk's suggestion works but it will require a lot of faith and begging, I would imagine.

Edited November 17, 2007 by meow mix

[raymaga 26]

I was given emergency AP at an Info Pass appointment at the Seattle district office. I had to take a letter from my Mom's doctor (which I had faxed to me from Canada) to explain my Mom's condition and why it was necessary for me to return to Canada immediately.

I waited at the Seattle office for several hours waiting for them to approve it, but I left there with my AP documents in hand.

[athena_ny 1]

I was given emergency AP at an Info Pass appointment at the Seattle district office. I had to take a letter from my Mom's doctor (which I had faxed to me from Canada) to explain my Mom's condition and why it was necessary for me to return to Canada immediately.

I waited at the Seattle office for several hours waiting for them to approve it, but I left there with my AP documents in hand.

Had you already filed for AP though? I think that's the problem here. Hm.