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View Full Version : HELP PLEASE - Unique AP and K1 problem


smerchas
03-17-2010, 05:28 PM
Hi guys,

This is a strange one. I entered the US on my K1 visa about a month ago, so I have my I-94. The problem is, my future husband...we marry on 27th March, has just gone and got himself a fabulous job in Bangkok. I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months. We've spent the best part of the last year apart because of the damn K1 visa and I'm losing money, as I haven't been able to work (we were living in hong kong when we met). We are now both in Hawaii and I've been told I can work on the I-94, but that it expires and I need to apply for an EAD, which again could take months....so I'm stuck in the US, not being able to work, going stir crazy when my husband is in a different bloody country..!!

There has to be a way around this. We don't intend to come back to the states for a long time, but don't really want to abandon the AOS, as we'll have to go through all the visa process again. Has anyone had any experience writing an expedite letter for the travel permission..!!

This is ridculous...its like I've been kidnapped and cannot leave the US.....I'm outraged!!

Any help will be so much appreciated. Now, I wish my husband was not bloody american...hahaha. sorry people....!!

thanks

Smerchas

stirfries
03-18-2010, 10:31 PM
I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months.

Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !

Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...

Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...

Thanks,

smerchas
03-18-2010, 10:53 PM
Hi Stirfries

I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!

Thanks for your response, there might be light at the end of the tunnel..!!!

AnalyzeThis
03-19-2010, 01:36 AM
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !

Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...

Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...

Thanks,

Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.

stirfries
03-21-2010, 07:16 PM
Hi Stirfries

I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!

Thanks for your response, there might be light at the end of the tunnel..!!!

I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !

In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...


Dear XXXXX -

1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.

Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.

Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)

Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!

Good Luck !!!

kks_sundar
03-22-2010, 05:03 PM
I got the same response from my attorney for my AP to be approved. It is very funny that first he said I can not leave the country while AP pending and they he said that I could leave once my biometrix appointment is over. I am holding it until the critical situation comes for my desparate need to go to my homecountry India.

Usually it takes 90 days to get AP nowadays. I checked in , some have received it in 20 to 60 days. If you do not plan to return for a long time, you will not be able to use it anyway when you return (you may have to go to the US consulate before coming there to get letter / keep extending while you are out there).

What you can do is...
1. Call the number in your AP receipt document and look for an opportunity to expedite it. If this is very critical, they can guide you on how you can expedite it.

2. If possible, get an InfoPass appointment to your local USCIS office and go there in person, try to explain the situation and make them feel on what you are missing.

3. Visit the senator's office in person and talk to the Senator and explain the situation and request to expedite it. Before you make your personal visit, explain the situation to the exec assistant of Senator and get her view on what would be Senator's response.

4. Quiltely wait until the AP gets approved.

Good luck on you AP