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Left without Advance Parole

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  • Left without Advance Parole

    I entered the US last year on a K-1 visa and got married early this year. Not long after my marraige I had to leave the US as my grandmother was very ill. I prepared the I-485 and I-131 as I left and my wife sent them away after I left. I did not have time to file for advance parole and am now not sure if I will be able to re-enter.

    Can you help me? Will my Adjustment of Status be completed while I am away allowing me to return? or can my wife file advance parole in my absence?

  • #2
    You will not be allowed to re-enter. US immigration is VERY strict about this. The K1 visa is a one-time only visa. After you enter the United States with it, they void it immediately.

    Your wife cannot submit the Advance Parole for you. Your AOS also cannot be completed while you are away because you have to make an appointment for biometric fingerprinting.

    Because you do not have your AP document, you will have to remain in your home country and have your wife submit the paperwork for a spousal visa.

    I know this sounds terrible and you wish it wasn't so, but there were a few people in the past who left the United States without the AP document, and they were denied entry. They begged and cried but the law is the law.

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    • #3
      Perhaps if you already filed the I-131 and sent photographs the AP could be sent in the mail and your wife could mail it to you. I would at least call the immigration service and tell them what happenned and see what they can do if it is not sent in the mail. I don't think you need to be fingerprinted for AP.

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