Tracym

Well this sure isn't my week - thursday we unexpectedly lost my beloved dog, and today Keith's dad is horrendously ill. We knew he had malignant melanoma, and it wasn't removed quickly and therefore had spread. But he'd been doing very well, and now unexpectedly had a big stroke - sounds unlikely he will survive.

So... Keith arrived from Scotland on a K-1, we married, but he does not yet have advance parole. The lawyer is trying to rush that through, so if dad wakes up, Keith might be able to see him alive, or at least so he could possibly go to the funeral.

My question is: Is there any significant disadvantage to him using the advance parole if he gets it? I know he will then be PAROLED into the US rather than ADMITTED. What I do not know is what, if any, the significance of that is for a K-1.

Thanks in advance for the help.

sambapink

Hey.. I have no advice on this.. but just wanted to say i'm so sorry to hear what your both going through Sending you big ((((HUGS))))

Noorah101

Sorry to hear about Keith's dad, how awful.

In some scenarios, being paroled in is better than the status one had before that, but I don't think K-1 is one of them. For a K-1, being paroled in is a bit of a disadvantage, but I'm not sure exactly why...and I don't think I've heard any horror stories from anyone who was paroled in after a K-1 entry. As long as he's got the AP in hand before he leaves the USA and has no overstays, it shouldn't be an issue for him to use AP and then return, and subsequently continue on his AOS journey.

Just make sure that he can come back for any biometrics appointments or especially the AOS interview, if it comes up fast.

You say he arrived on K-1 and you married, but did you guys file AOS yet, or not? AP can't be applied for without AOS. I think it's also very hard to rush an AP, but of course worth a try!

Best Wishes,
Rene

Folinskyinla

Hi:

Sorry to hear about father-in-law. Best wishes.

The main disadvantage of advance parole is if the adjustment is denied and the person is placed in removal proceedings. They can be detained without bond. This rarely happens -- I have seen several case with this -- but extraordinary fact situations where the Government was abusing its power to get something it wanted.

Tracym

Thank you.

We have applied for AOS, and actually just got the biometrics done today. I would presume the interview is pretty far off in the future.

Our attorney's office is hopeful that we can get AP this week - they were thinking of the issue when we first applied for AP, and we had included a letter from dad's doctor then stating that his situation could turn bad any time.

So I guess we'll see.

Tracym

Thanks very much. I knew there was some disadvantage, but couldn't figure out exactly what it was. I appreciate the information.

Noorah101

According to USCIS: https://egov.uscis.gov/cris/jsps/off...ectedOffice=16 Chicago is about a 9-month processing time for I-485. My experience is that most cases go through faster than the posted processing time, but it still seems like he has several months of waiting, so he shouldn't have to rush back.

I hope it works out for him to get the expedited AP. Please keep us informed.

Rene

Tracym

Thanks, I will let you know how it goes.

It's only been 1 1/2 months since we filed, so I'm not too worried about the interview appt. just yet. Our attorney did indicate cases were coming up pretty fast, but not THAT fast I wouldn't think.

We're not even sure he's going over at this point - we'll see how it goes, and try to get the AP to make sure he has the option.

ian-mstm

The absolute worst that can happen *if* he leaves the US to see his dad before getting AP, is that he'll have to stay outside the US while you apply for a spouse visa. Inconvenient, yes... and not the best way to start a marriage, but perhaps an acceptable risk if his dad's health declines further.

Ian

Tracym

Thanks Ian. I don't think dad can recognize anyone now, so I don't think we're going to do that. More likely, he/we may be going for the funeral, if the AP comes through and he decides to go.

I believe even if we'd had AP, he couldn't have gotten there in time to see dad awake. We're just waiting for news now.

Noorah101

Oh man. I just want to say my heart goes out to you both.

Hugs, Rene

chicagojlo

Yes also big hugs from me.

Tracym

Thanks everyone.

Tracym

Apparently, they are fedexing the AP - should be with the lawyer tomorrow.

Probably won't end up using it though, Keith's talked to his family, and dad is basically in a coma.

In case it helps anyone else though - since we knew his dad could become ill at any point, we submitted a doctor's letter to that effect with his original application for the AP.

The lawyer phoned the national benefits center as soon as this happened. We had another doctor's letter saying how he had gotten worse, but as it turns out they didn't even ask for it, and just granted the AP.

So USCIS was quite nice in this case.

meauxna

Oh Tracy, I'm so sorry to read all this; please give our sympathies to Keith and accept them for yourself.
We had a similar experience right after (during) our move.

Big ups to your attorneys and CIS for behaving like humans.