Advance Parole

[animatormark]

My wife came to the US on a k-1 visa. It may be a year or more before she gets her green card but she needs to go back to China to take care of some unfinished business. I got the I-131 but I can't make heads or tales of it. It seems that it is only for permanent residents. And the advance paraole section it really confusing. I can't even tell if she even qualifies. We currently have our I-485 pending, but it seems advance parole is only for extreme circumstances.

[animatormark]

Could someone please help me with this?

[david_dawei]

I can only provide you some links to look further...

 

 

Advance Parole, How long is it valid?

http://candleforlove.com/forums/index.php?showtopic=13097

 

traveling back to China, with K1 visa or after AOS

http://candleforlove.com/forums/index.php?...advanced+parole

 

Advanced Parole-If you want to be, able to re-enter the USA.

http://candleforlove.com/forums/index.php?showtopic=4690&hl=

 

 

Advanced Parole:

http://uscis.gov/graphics/howdoi/travdoc.htm

 

 

Emergency Travel:

http://uscis.gov/graphics/services/Emergency/index.htm

 

 

Advanced Parole FAQ:

http://www.hooyou.com/advanceparole/faq.html

Edited October 5, 2005 by DavidZixuan (see edit history)

[frank1538]

It is confusing. For Jingwen's AP, I completed Parts 1, 2, and 3 to the point where it said to go to Part 7. The form does make it sound like it's only for emergency travel. Jingwen's reason attached to the form was that her dad had been hospitalized. Others have gotten AP with such things as "need to visit family members" or somthing of that sort. I think USCIS is fairly liberal about this aspect.

 

It took Jingwen about 3 months to get her AP. Along with the I-131, I sent in the fee, the explanation for Part 7, copies of her passport and I-94, copy of the NOA on the I-485 (since her AP was not being applied for simultaneously) and her photos.

[tonado]

My wife came to the US on a k-1 visa.  It may be a year or more before she gets her green card but she needs to go back to China to take care of some unfinished business.  I got the I-131 but I can't make heads or tales of it.  It seems that it is only for permanent residents.  And the advance paraole section it really confusing.  I can't even tell if she even qualifies.  We currently have our I-485 pending, but it seems advance parole is only for extreme circumstances.

141553[/snapback]

Just do the AP form. AP is used for people who are waiting for AOS. Permanent residents (green card holders) do not need AP. However, if they travel out of the country for over a year, then they need to file the Re-Entry Permit (I-131). Same form for both AP and Re-Entry Permit.

Edited July 29, 2005 by ttlee_99 (see edit history)

[lele]

Our AP took only 2 months to be approved, but it took more than 6 weeks after it was mailed to reach our house. The USCIS claims the Post Office was responsible, and the Post Office said that the USCIS was responsible. All I know is that we were the ones stuck in the end.

 

However, for a reason, it seems to depend on the officer who reviews the case. We posted two reasons, one which was just to visit family and the other for a professional reason. It seems that the professional reason caused them to process it faster, since it would have gotten to us in time to attend...had one or both not seemed to take 6 weeks to deliver a parcel of first class mail!

 

Good Luck

[lele]

A follow up:

 

when you arrive with an AP document back to the US, you are taken inside for an automatic secondary screening.

 

I had to wait, outside (and was not allowed in with my wife) for more than 1.5 hours, as they processed the queue.

 

Her questioning was only 2 minutes long...but the wait was terrible!

 

They were even taking some people with greencards and one with a usa passport into secondary...

 

UGH!

 

The important thing to get from this is that an AP document is NOT a guarantee of being allowed to re-enter the USA

[tonymasiello]

Jason, At what airport did this happen? Was it the same one she used for her initial POE?

[midnightson]

My wife came to the US on a k-1 visa.  It may be a year or more before she gets her green card but she needs to go back to China to take care of some unfinished business.  I got the I-131 but I can't make heads or tales of it.  It seems that it is only for permanent residents.  And the advance paraole section it really confusing.  I can't even tell if she even qualifies.  We currently have our I-485 pending, but it seems advance parole is only for extreme circumstances.

141553[/snapback]

Here's what I know about the I-131; You do qualify for advanced parole. I called BCIS and asked for my wife will need one as well. You are right about the confusion factor. Look on the first colum of the form.At the bottom. Under 2. It will say A form I-485 has been filed on behalf and pending. All you need to do is fill it out send in the copy's of documents for proof and 160.00 . It can take 2 months for this one. Make sure she has here chinese passport with the k-1 or whatever visa in her possesion when going abroad. Good luck......RC And Joey

[lele]

Jason, At what airport did this happen? Was it the same one she used for her initial POE?

154416[/snapback]

Tony:

 

It was at EWR (Newark).

 

We decided to try the new Continental to Beijing Direct plane, and found the entire experience absolutely terrible!

 

The service is worse, the food is too small, and worse, the airplane gives less room, none of the staff can speak Chinese, and to top it all off, immigration at Newark is a nightmare...I even saw them asking people with greencards and one person with a USA Passport to step into their secondary processing room...

 

But, they say under the law that everyone with an AP document must go into secondary processing...and they interviewed her like in GZ...except for not as long (only 2 minutes, instead of 3-4 in GZ).

 

Yikes!!!

[Luo_Bin_&_Jialu]

Does anyone have experience with Advance Parole having left the United States before applying?

 

Background:

We entered on her K1, we were married within 90 days and then had an emergency that caused her to leave immediately to china. Now, she is 3 months pregnant and we obviously want her back before our child is born.

 

Before you respond, please know that I am aware of the "one-time entry" for K1 visa in addition to the line item on the I-131 stating leaving the U.S is equivalent to abandonment. (Note that this is also present on the I-485 doc)

 

Thank you for any help/advice/referral anyone can provide

 

Rob and Jialu

[david_dawei]

Does anyone have experience with Advance Parole having left the United States before applying?

 

Background:

We entered on her K1, we were married within 90 days and then had an emergency that caused her to leave immediately to china. Now, she is 3 months pregnant and we obviously want her back before our child is born.

 

Before you respond, please know that I am aware of the "one-time entry" for K1 visa in addition to the line item on the I-131 stating leaving the U.S is equivalent to abandonment. (Note that this is also present on the I-485 doc)

 

Thank you for any help/advice/referral anyone can provide

 

Rob and Jialu

180106[/snapback]

I know you must be concerned...

 

see this thread:

 

We married within 90 days, she leave without AP, Wife returned to without Advance Parole

http://candleforlove.com/forums/index.php?showtopic=13569

 

---

 

I know that I have read someone state to try and get the AP and then mail it to the SO who might have gone back to china early... but I'm not sure what's the implications of her not having exit stamps in the passport timed with the AP dates...

 

Here is additional info in the AOS FAQ:

------------------------------------------------------------------------------------------------------------

(6 Nov 2005)

 

Q. What happens at the departure and arrival when on AP ?

 

A.

Wife had her I-94 card removed upon departure from the US.

 

Upon departure from China, the papers were looked over once and then a supervisor was called. He looked at them for 1 minute and then said have a good trip. Have read on this board of a guy coming home with his wife on AP, being stopped for a few hours as the airline folks didn't recognize the AP.

 

Upon arrival at LAX, my wife cleared US Immigration faster than I did standing in the US Citizen line. No joke. My wife had zero problems.

 

New I-94 issued and passport stamp received

 

A.

Bring the extra documents NOT for the POE but for the airlines folks at the outbound foreign airport. Most of them never saw an AP. U.S POE officers have.

Bring MARRIAGE license... if you had a name change for her. i.e AP showing different last name than passport.. but again, POE is NOT the prob here..... Airlines staff is

 

 

------------------------------------------------------------------------------------------------------------

(6 Nov 2005)

 

Q. What will the approved Advanced Parole look like?

 

A.

The approved Advanced Parole form is called I-512 and usually three copies of them are given. One copy for the applicant, one copy for the USCIS at the port of entry and one for the airline (so that they let you board the plane with out other valid visa.) First time you travel, you give the appropriate copies to airline and USCIS, and USCIS will stamp your copy. Subsequent times, you can just show your copy and travel.

 

---

 

please keep us updated...

[david_dawei]

I searched VJ ... and only a few posts applicable...

 

It seems that nobody can attest to having actually gotten back into the states, having left without AP... although there were a few who asked seriously about it but I found no update if they went or what happened.

 

The issues I mentioned of getting AP and mailing to her was indirectly discussed... they raised the same concerns I did about the date of AP issue vs the date she left the country.

 

Someone mentioned that people have gotten back into the country with an AP mailed to them, but this is 'hearsay' and not directly from the source.

 

Some stated that one can 'pretend' to have lost the I-94 on their return (I think this was to avoid date comparisons) , and with the AP (now mailed to them) they would get in. Some argued whether the I-94 is even requested and many different [direct] experiences were shared.

 

Seems if this was even attempted (mailing an AP), then two hurdles would have to be overcome:

1) Getting re-entry without noticing any date discrepancy between depature from US and AP approval.

2) Getting AOS approval without noticing/knowing she left the country; if they did know, then not knowing the 'abandoning status' rule thoroughly enough to apply it in this instance...

 

Every which way brings a lot of stress and worry... I wish there was some way out of it.. maybe contact the guy in my posted link to see what happened with him...