Goldenboytoo

I have been granted a K-1 visa which I understand i must use within the next six months.
I have a return ticket to the States next Wednesday (by which time my passport will have been returned), having been visiting in the US since the New Year on my B1/B2 visa.
However, I want to leave the country in July for my daughter's graduation in Kent and the Embassy said they weren't sure if this was likely to be regarded a good enough reason to be granted advance parole.
So my question is this: Would i be able to go into the States this time under visa waiver (presumably needing to buy a round trip ticket to make this happen) and telling border control that I do not wish to use my K-1 visa on this trip but will use it on my return from my daughter's graduation in July.
We would then be getting married in September.
Or is people's experience that you are OBLIGED to use the K-1 visa on the first admission to the States once the visa is printed in your passport.

This then adds a new question. Is Advance parole ever given for the purposes of a honeymoon and if so, can you apply for it in advance of getting married and then use it to leave the country immediately after the wedding? Or can you not apply for advance parole at all until you have received Adjustment of Status ... in which case you would have to wait some months for the honeymoon trip?

Sorry this is a bit wordy ... but it's all very confusing!!!

Rete

You don't need a reason per se to get advance parole. Just vacation is enough reason. However, if you enter the US now there is no way on God's green earth that you will have advance parole in time to attend her graduation ceremony.

You apply for Advance Parole at the same time you apply for adjustment of status after your marriage. Form I-131 is to be included with the I-485 and form I-765 for employment authorization document as well. It takes about 90 days to get.

Elvira

But can he travel on the VWP prior to using the K1 to enter?

Rete

It is extremely rare for you to be allowed to enter the US and not active the K-1. I would not even suggest that you attempt it.

Have you done any research on the entire immigration process or have you stopped essentially at the K-1 visa? You have 6 months to activate the K-1 and must marry within 90 days after entry. You are not eligible to apply for Advance Parole until there is a base for eligibility which is the filing for adjustment of status.

If you marry and leave with the document in hand you must remain outside of the US and have your USC spouse file an I-130 for you.

You do not need to honeymoon outside of the US. There are millions of people who honeymoon within its boundaries. You will be one of them ;-)

Rete

He is not using the VWP. He is in possession of a B2 visa. And no, it is very rare.

Goldenboytoo

So you mean that you cannot apply for the Advance Parole based on the K-1 visa alone? Are you saying you have to wait until after you are married and can apply for adjustment of status?
It's not so much we needed to honeymoon outside the US it's that we wanted to hold a UK wedding reception for all our British friends as well as a Texas one for our US friends!
And do you mean above "if you marry and leave WITHOUT the document in hand you must remain outside the US and have your USC spouse file an I-130 for you" ??

Goldenboytoo

The Texas office is reporting a 55-day wait for advanced parole ... so if we got married as soon as I got back then that would about do it doncha think?? Is the Advanced Parole only good for one trip? Do you need a new one each time you travel and do they get less likely to grant it if you have travelled more than once?

Goldenboytoo

PS: I'm told my B1/B2 visa would be cancelled when my K1 arrives ... so I was suggesting I travelled on the visa waiver programme. Wondered if I explained my plan at the border if I'd receive a sympathetic ear?!?!?! But I'd need a London-Dallas-London round trip ticket to achieve this wouldn't I?

Noorah101

That's correct. After you enter the USA and get married, then you will apply for adjustment of status, which includes AP. It is possible that it takes 60 to 90 days to get AP in hand, even if the reported time is 55 days. There's just no guarantee.

You can do this, you just have to wait until you receive AP, you can't do it immediately after the marriage.

Yes, that's what Rete meant.

Rene

Noorah101

It might....but it might not. If you get married on Day 1 and file AOS on Day 2 after your arrival, and you get your AP within 55 days, you might see your goal happen. But it's difficult to get married and file AOS *that* fast, doncha think? And Texas isn't the one who issues AP, it's the National Benefits Center. And there's no guarantee you will get it in any certain amount of time. Some folks even get theirs in 30 days...some wait 90 days...just no way of knowing or predicting.

If you look at the I-131 form, you will see you have a choice whether you want a single-entry AP or a multi-entry AP. Most people seem to choose multi-entry, so they can use the AP multiple times. The AP itself is good for 1 year. If you don't have your green card within a few months of its expiration, and you still want to travel, you'll have to renew the AP.

You don't need a new one each time you travel unless you apply for a single entry AP each time, or unless its expired, then you'd need a new one. No, they aren't less likely to grant the next one. As long as you qualify for having one, it will be granted.

Rene

Noorah101

I would be wary of trying to enter as a visitor, with a valid K-1 in your passport. Why mess around with it. It's much easier to either stay in the UK until after the event (your K-1 visa will still be valid after July), or come to the USA using the K-1 and take your chances on AP.

Rene

Noorah101

AP is granted for whatever purpose you wish, or even with no purpose in mind at all. We applied for my husband's AP just in case he needed to return home for an emergency, but we never did use it. As long as you technically qualify for AP, it will be granted.

You cannot apply for it in advance of getting married, no.

Rene

Goldenboytoo

Many thanks for all this information ... it has been more helpful than anything I have seen on the USCIS or Embassy websites and actually gives me a chance to make the right decision!!

Rete

My apologies if my English was not understandable. And yes, what I wrote is what I meant.

PhilG

I'm in exactly the same position as the original poster. I completed my visa interview today, and the woman smiled, wished me well with my marriage, and said 'Now remember, you're not allowed out of the country until you've adjusted your status, so no honeymoons in Thailand or anything like that.'

I must admit we hadn't given this any thought - we were planning to get married in May and have a reception for friends and family in the UK in June, which won't be possible. I'd never heard of advance parole until now, so it's back to the drawing board. But thanks very much to the very helpful posters to this thread.