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Married K1 Visa filing for Advance Parole to attend wedding in home country

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  • Married K1 Visa filing for Advance Parole to attend wedding in home country

    Hello, I am a male 29 born(Born and live in the USA) and fiancé is 27, female ( born in the Netherlands)

    After a very interesting journey I proposed to her back in October of 2015. We have filed for a K1 visa in December and so far it’s rolling along pretty good. Last week we receive the confirmation that the process has been approved and the paper work is now being submitted to the NVC.

    Here is the catch, her sister’s wedding is in August 2016. Assuming that all keeps flowing the way it has and she is granted the K1; we get married around April – June.

    During this time as she files for her Green card / Adjustment of Status, she cannot leave the country.

    However, we just realized this might overlap with her sister’s which she cannot miss for anything; she is the made of honor.

    We heard about filing for advance parole using an I-131 form.However, we are wondering if USCIS would not honor this since it’s not a life/death situation? I hope its not a big deal seen that she is going back to her home country for simply a week or two.

    p.s. it’s really a tedious and obnoxious to know that love isn’t all we need. We have to abide by all these arrogant laws due to others selfish mistakes – just ranting here out of frustration. But hopefully a wedding will be a valid excuse.

    --

    Thanks in advance.

  • #2
    The I-131 should be submitted with the I-485 Adjustment package, included in the $1,070 fee. Although the I-131 instructions specify an explanation for Advance Parole request, its issuance is almost automatic. The Advance Parole, on same card as Employment Authorization, shows up about 3 months after submittal of the Adjustment package.

    --Ray B

    Originally posted by tobe1424 View Post
    Hello, I am a male 29 born(Born and live in the USA) and fiancé is 27, female ( born in the Netherlands)

    After a very interesting journey I proposed to her back in October of 2015. We have filed for a K1 visa in December and so far it’s rolling along pretty good. Last week we receive the confirmation that the process has been approved and the paper work is now being submitted to the NVC.

    Here is the catch, her sister’s wedding is in August 2016. Assuming that all keeps flowing the way it has and she is granted the K1; we get married around April – June.

    During this time as she files for her Green card / Adjustment of Status, she cannot leave the country.

    However, we just realized this might overlap with her sister’s which she cannot miss for anything; she is the made of honor.

    We heard about filing for advance parole using an I-131 form.However, we are wondering if USCIS would not honor this since it’s not a life/death situation? I hope its not a big deal seen that she is going back to her home country for simply a week or two.

    p.s. it’s really a tedious and obnoxious to know that love isn’t all we need. We have to abide by all these arrogant laws due to others selfish mistakes – just ranting here out of frustration. But hopefully a wedding will be a valid excuse.

    --

    Thanks in advance.

    Comment


    • #3
      Like Rayb mentioned, you can file for the EAD/AP combo card together in the AOS. But I'm afraid you're looking at a few months of processing before you actually get the card. You might miss the wedding even if everything goes on schedule.
      --Good luck--
      Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

      Comment


      • #4
        Thank you very much for your feedback.

        Just to clarify, the issue here is not that we may get denied the Advanced Parole (I-131); it's that we may not get it on time for the wedding in August? Perhaps I misunderstood or being paranoid, but I just wanted to make sure they would grant the Advance Parole and not deny it because it's not a life/death/emergency situation.

        So far everything seems to be going faster than expected. Our stories and portfolio we sumbitted should overcome any doubt an official should should have in denying advance parole. We were even elected to air on a live tv 'love' show this past Christmas in the Netherlands. Unfortunately, I had to decline the once in a lifetime opportunity because they only gave me 12 hours to hope on a plane and surprise my fiance.

        Anyhow, assuming we are on schedule for this all to play out accordingly, I just want to triple check that a wedding, in this case her sisters, in her home country; wouldn't be an issue for the USCIS to deny the I-131 since its not considered a dire emergency?

        thanks again

        t

        Comment


        • #5
          Tobe,

          Advance Parole's are not denied, and don't require specific reasons for the application They are automatically approved if submitted with the Adjustment of Status package.

          Your problem, however, might be that you won't get the Advance Parole in time for your plans.

          --Ray B

          Originally posted by tobe1424 View Post
          Thank you very much for your feedback.

          Just to clarify, the issue here is not that we may get denied the Advanced Parole (I-131); it's that we may not get it on time for the wedding in August? Perhaps I misunderstood or being paranoid, but I just wanted to make sure they would grant the Advance Parole and not deny it because it's not a life/death/emergency situation.

          So far everything seems to be going faster than expected. Our stories and portfolio we sumbitted should overcome any doubt an official should should have in denying advance parole. We were even elected to air on a live tv 'love' show this past Christmas in the Netherlands. Unfortunately, I had to decline the once in a lifetime opportunity because they only gave me 12 hours to hope on a plane and surprise my fiance.

          Anyhow, assuming we are on schedule for this all to play out accordingly, I just want to triple check that a wedding, in this case her sisters, in her home country; wouldn't be an issue for the USCIS to deny the I-131 since its not considered a dire emergency?

          thanks again

          t

          Comment


          • #6
            I see. Thanks so much for clearing my mind.


            I assume if there is an expedited advance parole approach it would only then be valid for emergency situations.

            Thanks again as I was assuming wrong and now have a bit less to worry about.

            t

            Comment


            • #7
              Originally posted by tobe1424 View Post
              I see. Thanks so much for clearing my mind.


              I assume if there is an expedited advance parole approach it would only then be valid for emergency situations.

              Thanks again as I was assuming wrong and now have a bit less to worry about.

              t
              Advance parole and EAD are routine with the AOS package. Like you understand, it's probably timing that's going to be an issue.
              --Good luck--
              Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

              Comment


              • #8
                Rayb, I'm in the same situation but I'm wondering what I'm supposed to write on the attached letter to the I-131? (Why I qualify and so on).

                Tobe, how did it go? Did she get to her sister's wedding?

                Comment


                • #9
                  Rayb, I'm in the same situation, except for that it's my own home country wedding reception, and I'm wondering what to write in the attached letter to the I-130 (explaining why I qualify for advance parole). Any ideas?

                  Comment


                  • #10
                    The attachment to the I-131, when requesting an Advance Parole, is not given much attention by USCIS during the review process. Just provide a single paragraph or two stating why you expect to travel and where to, and sign that statement.

                    --Ray B

                    Originally posted by Kim Karlsson View Post
                    Rayb, I'm in the same situation, except for that it's my own home country wedding reception, and I'm wondering what to write in the attached letter to the I-130 (explaining why I qualify for advance parole). Any ideas?

                    Comment

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