Another question : "Advanced Parole"
Apr 6th 2002, 6:50 am
#1
Guest
Posts: n/a
Another question : "Advanced Parole"
I am curious to know what advanced parole is. I think it gives an allowance for
someone to come while an I-485 is processing? If we did DCF this ummer, I am having
surgery in July. Since we will be married, would it not be legal for my husband to
file for advanced parole to be my by side? I know he cannot VISIT me as non-spouse
for this purpose, but if we are married through DCF and I come back to the US, can he
come over here through advanced parole BEFORE the 485 is approved to be with me
during surgery? I think this is possible?
someone to come while an I-485 is processing? If we did DCF this ummer, I am having
surgery in July. Since we will be married, would it not be legal for my husband to
file for advanced parole to be my by side? I know he cannot VISIT me as non-spouse
for this purpose, but if we are married through DCF and I come back to the US, can he
come over here through advanced parole BEFORE the 485 is approved to be with me
during surgery? I think this is possible?
Apr 6th 2002, 7:23 am
#2
Concierge
Joined: Apr 2001
Posts: 46,469
Re: Another question : "Advanced Parole"
Advance Parole (A/P) is form I-131 and can only be used by foreign spouses who are residing in the US. It is not for foreign spouses residing outside of the US. In fact once you are married your foreign spouse will probably not be allowed anywhere near a US border until his spousal visa is approved at the US Consulate.
Also you are talking about DCF. Direct Consular Filing is relatively quick and depending on the country you are dealing with and the foreign spouses speed on having the medical, getting the police clearance if applicable, birth certificate information, etc., the DCf should be completed inside of 6 weeks.
If you are planning on having surgery in July (it must be elective and not life threatening if you can wait that long) then either marry him in May and he should be here by then. Again depending on the country he is in.
BTW you will not be filing an I-485 for him with DCF. You will only be filing the I-130.
Think you should read the following URL:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
Rete
Also you are talking about DCF. Direct Consular Filing is relatively quick and depending on the country you are dealing with and the foreign spouses speed on having the medical, getting the police clearance if applicable, birth certificate information, etc., the DCf should be completed inside of 6 weeks.
If you are planning on having surgery in July (it must be elective and not life threatening if you can wait that long) then either marry him in May and he should be here by then. Again depending on the country he is in.
BTW you will not be filing an I-485 for him with DCF. You will only be filing the I-130.
Think you should read the following URL:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
Rete
Apr 6th 2002, 10:05 am
#3
Guest
Posts: n/a
Re: Another question : "Advanced Parole"
Elizabeth O'Quinn wrote:
>
> I am curious to know what advanced parole is. I think it gives an allowance for
> someone to come while an I-485 is processing? If we did DCF this ummer, I am having
> surgery in July. Since we will be married, would it not be legal for my husband to
> file for advanced parole to be my by side? I know he cannot VISIT me as non-spouse
> for this purpose, but if we are married through DCF and I come back to the US, can
> he come over here through advanced parole BEFORE the 485 is approved to be with me
> during surgery? I think this is possible?
If you are thinking of doing DCF you will not have to bother with Advance parole.
Once your spouse has the visa he can then enter the US as soon as he wants to (as
long as the first entry is within 6 months -- the validity of the visa). He will
receive an I-551 stamp in his passport (the equivalent of a green card) and can
travel whenever he wants (as long as he does not spend too much time outside the US).
No parole necessary.
However, if you file in the foreign country and he needs to travel to the US before
the visa is granted this is generally not recommended. He may be lucky and allowed
in if he isn't questioned closely (perhaps on the Visa Waiver if he is from a waiver
country). If he is questioned and admits to having a US spouse he may be turned
away. In no case should he lie to an immigration officer. He may also be able to
convince the immigration officer with that he will return but it seems unlikely he
will be allowed in. I know little about Advance parole but I don't think it applies
in this case.
You will not even file an I-485 with DCF. My wife and I did DCF and I don't remember
using that form at all.
>
> I am curious to know what advanced parole is. I think it gives an allowance for
> someone to come while an I-485 is processing? If we did DCF this ummer, I am having
> surgery in July. Since we will be married, would it not be legal for my husband to
> file for advanced parole to be my by side? I know he cannot VISIT me as non-spouse
> for this purpose, but if we are married through DCF and I come back to the US, can
> he come over here through advanced parole BEFORE the 485 is approved to be with me
> during surgery? I think this is possible?
If you are thinking of doing DCF you will not have to bother with Advance parole.
Once your spouse has the visa he can then enter the US as soon as he wants to (as
long as the first entry is within 6 months -- the validity of the visa). He will
receive an I-551 stamp in his passport (the equivalent of a green card) and can
travel whenever he wants (as long as he does not spend too much time outside the US).
No parole necessary.
However, if you file in the foreign country and he needs to travel to the US before
the visa is granted this is generally not recommended. He may be lucky and allowed
in if he isn't questioned closely (perhaps on the Visa Waiver if he is from a waiver
country). If he is questioned and admits to having a US spouse he may be turned
away. In no case should he lie to an immigration officer. He may also be able to
convince the immigration officer with that he will return but it seems unlikely he
will be allowed in. I know little about Advance parole but I don't think it applies
in this case.
You will not even file an I-485 with DCF. My wife and I did DCF and I don't remember
using that form at all.
Apr 6th 2002, 9:50 pm
#4
Guest
Posts: n/a
Re: Another question : "Advanced Parole"
In fact once you are married your foreign
> spouse will probably not be allowed anywhere near a US border until his spousal
> visa is approved at the US Consulate.
>
Rete /Alvena / Andy,
I have a question: if a USC and a foreign spouse are living together in a visa waiver
country (Europe) for a couple of months or longer, and want to travel to the US to
visit, what happens to the foreign spouse at the border if the spouse travels on a
visa waiver as a tourist (with return ticket obviously)?
I thought, just as Rete was writing above, that the non-USC would not be allowed to
visit the US unless the non-US spouse has a permanent residence permit (or another
kind of visa?). However, three of our friends who are USC-foreign spouse couples all
told me that they are not aware of any such requirement. The spouse just travels on a
visa waiver every time they visit with no problem at all (one of these couples has
done this for over 20 years). Since one of them is non-USC, they usually separate at
INS and one goes through the USC line, the other through the non-USC, and none of
them has ever had any problem at all.
Is this just good luck, or what are you actually required to do in such a case? Just
wondering.
Thanks! -Des
> spouse will probably not be allowed anywhere near a US border until his spousal
> visa is approved at the US Consulate.
>
Rete /Alvena / Andy,
I have a question: if a USC and a foreign spouse are living together in a visa waiver
country (Europe) for a couple of months or longer, and want to travel to the US to
visit, what happens to the foreign spouse at the border if the spouse travels on a
visa waiver as a tourist (with return ticket obviously)?
I thought, just as Rete was writing above, that the non-USC would not be allowed to
visit the US unless the non-US spouse has a permanent residence permit (or another
kind of visa?). However, three of our friends who are USC-foreign spouse couples all
told me that they are not aware of any such requirement. The spouse just travels on a
visa waiver every time they visit with no problem at all (one of these couples has
done this for over 20 years). Since one of them is non-USC, they usually separate at
INS and one goes through the USC line, the other through the non-USC, and none of
them has ever had any problem at all.
Is this just good luck, or what are you actually required to do in such a case? Just
wondering.
Thanks! -Des
Apr 7th 2002, 11:50 pm
#5
Guest
Posts: n/a
Re: Another question : "Advanced Parole"
"Des" <[email protected]> wrote in message
news:[email protected]...
> In fact once you are married your foreign
> > spouse will probably not be allowed anywhere near a US border until his spousal
> > visa is approved at the US Consulate.
> >
> Rete /Alvena / Andy,
>
> I have a question: if a USC and a foreign spouse are living together in a visa
> waiver country (Europe) for a couple of months or longer, and want to travel to the
> US to visit, what happens to the foreign spouse at the border if the spouse travels
> on a visa waiver as a tourist (with return ticket obviously)?
They enter the US. "Have a nice trip". OK, so they may be asked extra questions
but if the US citizen is living abroad there really is no additional intent
barrier to overcome.
> not aware of any such requirement. The spouse just travels on a visa waiver every
> time they visit with no problem at all (one of these couples has done this for over
> 20 years). Since one of them is non-USC, they usually separate at INS and one goes
> through the USC line, the other through the non-USC, and none of them has ever had
> any problem at all.
That tactic probably saves the questions. When we do this "in reverse" and go to the
UK we don't separate - Deana, Caroline & I go together through the EU passport line,
they stamp Deana & Carolines' passports and we go our merry way. (Caroline qualifies
for a British passport but I haven't bothered getting her one - when she's older and
wants to bum round Europe for a while she can pay for her own one
).
Andy.
--
I'm not really here - it's just your warped imagination.
news:[email protected]...
> In fact once you are married your foreign
> > spouse will probably not be allowed anywhere near a US border until his spousal
> > visa is approved at the US Consulate.
> >
> Rete /Alvena / Andy,
>
> I have a question: if a USC and a foreign spouse are living together in a visa
> waiver country (Europe) for a couple of months or longer, and want to travel to the
> US to visit, what happens to the foreign spouse at the border if the spouse travels
> on a visa waiver as a tourist (with return ticket obviously)?
They enter the US. "Have a nice trip". OK, so they may be asked extra questions
but if the US citizen is living abroad there really is no additional intent
barrier to overcome.
> not aware of any such requirement. The spouse just travels on a visa waiver every
> time they visit with no problem at all (one of these couples has done this for over
> 20 years). Since one of them is non-USC, they usually separate at INS and one goes
> through the USC line, the other through the non-USC, and none of them has ever had
> any problem at all.
That tactic probably saves the questions. When we do this "in reverse" and go to the
UK we don't separate - Deana, Caroline & I go together through the EU passport line,
they stamp Deana & Carolines' passports and we go our merry way. (Caroline qualifies
for a British passport but I haven't bothered getting her one - when she's older and
wants to bum round Europe for a while she can pay for her own one
).Andy.
--
I'm not really here - it's just your warped imagination.
Apr 8th 2002, 1:16 am
#6
Concierge
Joined: Apr 2001
Posts: 46,469
Re: Another question : "Advanced Parole"
If the USC is living outside of the US and he and the foreign spouse want to come to the US for a vacation or to visit his family, there is no problem as long as the USC's spouse can prove, if asked that they/she will be leaving the US on such and such a date. This could be in form of a lease, a residency permit for the USC, employment letter, school registration, etc.
The problem with Elizabeth is that as the USC, she is not living with her husband in whatever country he is from, but in the US and he wants to come visit her. Let's face it, once here, you know and I know and the INS know, that the foreign spouse is not likely to leave when they could stay and adjust status to permanent residency.
Two very different situations.
Rete
The problem with Elizabeth is that as the USC, she is not living with her husband in whatever country he is from, but in the US and he wants to come visit her. Let's face it, once here, you know and I know and the INS know, that the foreign spouse is not likely to leave when they could stay and adjust status to permanent residency.
Two very different situations.
Rete
