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Immigration Forum / USA Marriage Base / February 2005traveling after marriage/before aos final
Hi we are just beginning the process of bringing my fiance from UK. we have all the paperwork done and ready to go into the mail this week. We have one question and we've talked to immigration 'specialists' but have gotten contradictory answers. I'm hoping someone out there who has gone through this already can steer us right ... we will file the K-1 and hopefully he will arrive here this summer; we will go immediately downtown and get married and file for AOS. Although we will be legally married here, we would like to travel to do the church blessing over there with family etc. We were told first that we would have to file for the 'travel papers' at the same time as we file for K-1 (if so, we dont' know what paper to file). We were told 'no, no, no you cannot file for that until after you file for AOS.' Which is it? Then we were told that he would not be able to leave the US at all during the AOS time and that might be up to two years. And someone else said, no, that once the AOS is applied for we could take the 'travel paper' to our local office and have it issued on the spot. You see our confusion?! I would love to have our 'real' wedding this summer in August but if there's no way that he can travel ... then there's no point in trying to make all the necessary plans, we'll have to wait till next year. Please advise! And thank you so much for whatever lessening of confusion you can offer! Sparky > Hi > we are just beginning the process of bringing my fiance from UK. we [quoted text clipped - 27 lines] > > Sparky You apply for advance parole (I-131) at the same time you send in your I-485 to adjust status. You cannot apply for AP before the I-485 has been sent (so you can't apply for it when you apply for the K1). You cannot leave the country until your AP is granted (this can take 2-6 months). After April 1st, all I-131s should be mailed with the I-485 to the Chicago lockbox address. There is no dropping in to your local office and being granted advance parole on the spot. You will probably also want to file the I-765 if you'd like your future spouse to be able to work. The time for approvals varies by location. You can check the processing times on the USCIS.gov web site. Read the FAQ for more info. http://www.visajourney.com/faq/k1faq.htm > You apply for advance parole (I-131) at the same time you send in your > I-485 to adjust status. You cannot apply for AP before the I-485 has [quoted text clipped - 10 lines] > > http://www.visajourney.com/faq/k1faq.htm Hi sphyrapicus: I did go to the government site to check on processing times but couldn't find that. I guess I just didn't want to hear 4 - 6 months. Our family/friends have no concept of this paperwork. They just thing 'why don't you just come over here and get married and that's that.' We know it just won't work that way. And neither of us want to go there, get married and have to leave him behind! I really hoped we could pull it off by August but it looks like we won't be able to ... do you think that a 'church blessing/wedding date' in Ireland in August would qualify for emergency travel?! thanks for your help. > Hi sphyrapicus: > I did go to the government site to check on processing times but [quoted text clipped - 9 lines] > > thanks for your help. USICS no longer distinguishes between emergent issues and everyday issues - so, no. There have been reports in this newgroup of people being denied "emergency" AP even when a father has died... and leaving the US without AP initiates unfortunate events. Ian > USICS no longer distinguishes between emergent issues and everyday > issues - so, no. There have been reports in this newgroup of people > being denied "emergency" AP even when a father has died... and leaving > the US without AP initiates unfortunate events. > > Ian gosh, this is getting more depressing by the minute. but thanks for your help! > gosh, this is getting more depressing by the minute. but thanks for > your help! The important thing is that you receive accurate information. I'll be the first to admit that education can be a painful process at times but, in the long run, having realistic expectations can ease the journey. Ian >>You apply for advance parole (I-131) at the same time you send in your >>I-485 to adjust status. You cannot apply for AP before the I-485 has [quoted text clipped - 24 lines] > > thanks for your help. As of February 23, National Benefits Center (this is where your papers will end up if you file at the Chicago Lockbox) is processing advance parole applications received January 11, 2005.  SignatureAbove intended as general commentary, not specific legal advice. Your mileage may vary. =============================================================== Jonathan McNeil Wong Voice: 510-451-0544 Donahue Gallagher Woods LLP Facsimile: 510-832-1486 P.O. Box 12979 URL: http://www.donahue.com Oakland, CA 94604-2979 E-mail: jonathan@donahue.com =============================================================== > Hi sphyrapicus: > I did go to the government site to check on processing times but [quoted text clipped - 9 lines] > > thanks for your help. Hi Sparky: We got our AP in about 5 weeks, but for some reason things have been moving quickly at this time for some on AP's. We applied for AOS and then applied for AP shortly after. Is August a 'must do' for the church blessing? Sometimes dealing with the government takes all the romance out of this marriage process...lol. We did the courthouse marriage thing and are waiting till later in the year for a church blessing and family gathering. As I say...sometimes just getting all the paperwork filed in time takes precedent over things like a church wedding. Good luck with the K1! > Hi > we are just beginning the process of bringing my fiance from UK. we [quoted text clipped - 27 lines] > > Sparky This is incorrect. This is correct. To be precise, he can file at the same time as he files AOS. This is incorrect. He can leave the US any time he wants. The problem is getting back in. This requires Advance Parole - the "travel permit" you mentioned. It cannot be filed until after you are married, and could take some time (read: many months) before you have it. He should not leave the US until he has AP in hand. If he leaves the US without AP, USCIS considers his application for permanent residency abandoned, he will not be allowed to enter the US, and you will have to start the paperwork all over again. So, don't make any plans for the UK until he has his AP. Good luck to you! Ian > Hi > we are just beginning the process of bringing my fiance from UK. we [quoted text clipped - 27 lines] > > Sparky Hey Sparky: What is an "immigration specialist"? I happen to have the legal right to use that phrase. Curious minds would like to know. You may be misphrasing the advice you were given. I know that in consultations, MY advice is often quite different from what the client hears. <sigh> The K-1 is good for one admission. Once you marry and she applies for adjustment, she is free to leave at any time -- at a PRICE -- the adjustment is considered abandoned! Unless, she gets "advance parole" which is applied for on Form I-131 filed concurrently with the adjustment papers. I hope its somewhat clearer. Maybe not. But I can try. BTW, if a church wedding in her home country is NOT a "legal" marriage [and I don't know if it is or not and give no opinion thereon], you might want to consider doing the church marriage before coming to the US. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hey Sparky: > [quoted text clipped - 17 lines] > thereon], you might want to consider doing the church marriage before > coming to the US. What is an "immigration specialist"? I happen to have the legal right to use that phrase. Curious minds would like to know. (We were referred to a priest here who 'specializes' in helping people with immigration issues, writes articles for the newspapers here regarding visas etc. Then he referred us to his assistant, who has been very patient and nice but the information seemed conflicting.) You may be misphrasing the advice you were given. I know that in consultations, MY advice is often quite different from what the client hears. <sigh>(And you are right, it may me my ears because these forms are enough to drive me batty!) Form I-131 filed concurrently with the adjustment papers.(any idea of a time from from filing to the AP being issued?) I BTW, if a church wedding in her home country is NOT a "legal" marriage (how would I find out if it's 'legal' the home country is Ireland.) Thanks > What is an "immigration specialist"? I happen to have the legal right > to use that phrase. Curious minds would like to know. [quoted text clipped - 16 lines] > > Thanks Looks like you didn't read my post. |
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