Applying for advance parole

[farazs1]

Hi,

Fiance is coming over tomorrow on K1 visa.
We are planning to file for adjustment of status as soon as possible. She needs to go back to India in August so just as a precaution I am thinking of applying for advance parole.
Now what I have been told (from people who have done it before) that advance parole is given not whole lot earlier than the green card so it is possible that we may not get this in time for August.
Is it possible to travel back to India without having received advance parole card? or have that card sent to her in India while she is there?
Please advise.
Thank you,

[rayb]

If your Adjustment package is properly prepared and submitted right after marriage, the Advance Parole (with Employment Authorization on "combo" card" should arrive about 3 months after submittal. If not, however, the Card could be sent to your new wife to allow her reentry to the U.S.

Your risk, however, is that being out of the U.S. in August might cause her to miss her Adjustment of Status interview, resulting in a denial for "abandonment of Adjustment."

Keep in mind the geometric axiom, "two things cannot occupy the same place at the same time."

--Ray B

Hi,

Fiance is coming over tomorrow on K1 visa.
We are planning to file for adjustment of status as soon as possible. She needs to go back to India in August so just as a precaution I am thinking of applying for advance parole.
Now what I have been told (from people who have done it before) that advance parole is given not whole lot earlier than the green card so it is possible that we may not get this in time for August.
Is it possible to travel back to India without having received advance parole card? or have that card sent to her in India while she is there?
Please advise.
Thank you,

[farazs1]

Thanks for the prompt reply.

Let's say the interview for adjustment of status is scheduled for August. Is it possible to reschedule?

Also, I am kind of getting worried whether her reason to go back in August is valid enough or not. She needs to go back to collect her medical degree. No one else can receive it in her place. Is that considered a personal emergency?

[rayb]

One doesn't need a "compelling reason" to use an Advance Parole to reenter the U.S. All that is needed is the "Advance Parole."

An Adjustment interview can be rescheduled, but I would advise against it. If you marry and submit the Adjustment package right away, your new wife will "probably" have her Adjustment interview before August (maybe), but the Green Card may not show for another few weeks.

What will be of benefit, however, is that there will be about 3-4 weeks advance notice of the interview date.

--Ray B

Thanks for the prompt reply.

Let's say the interview for adjustment of status is scheduled for August. Is it possible to reschedule?

Also, I am kind of getting worried whether her reason to go back in August is valid enough or not. She needs to go back to collect her medical degree. No one else can receive it in her place. Is that considered a personal emergency?

[farazs1]

I was wondering about the reason because looking at the form i131, part 7 says to list circumstances that warrant advance parole and copying any documents we wish considered. Then I read instructions where it says
"urgent humanitarian reasons or significant public benefit which may include personal or family emergency or bona fide business reasons".

maybe I am worrying too much?

[rayb]

I forgot about that citation. I have included an attachment sheet, signed and dated by applicant, describing how he/she was applying for Advance Parole in order to be prepared for any unfinished family business or emergency, for the period **/**/ **** **** **** * through **/**/ **** **** **** *, and that the applicant would not allow anysuch trips to interfere with the Adjustment of Status processing. What I used was a simple onoe-paragraph general explanation.

--Ray B

I was wondering about the reason because looking at the form i131, part 7 says to list circumstances that warrant advance parole and copying any documents we wish considered. Then I read instructions where it says
"urgent humanitarian reasons or significant public benefit which may include personal or family emergency or bona fide business reasons".

maybe I am worrying too much?