UKLiz

I am wondering whether anyone can enlighten me as to why you are not allowed to travel once you enter the US with a fiance visa? I know the K1 can only be used once, but I don't understand why?

I realise that you are allowed to travel once Advance Parole has been granted. However, from what I understand, unless you have some kind of family emergency it could take anything up to two years before you get AP?

Obviously, I would like to be able to travel back to the UK once I have entered the US, and just don't understand why that is prevented?

Liz

FlyergirlUK

Hi Liz,

Yeah, I know what you mean! But as it stands at the moment, leaving the US after entering on a K1 visa without having the AP, even if it's for a relatively short visit back to the home country to visit family, is showing intent not to want to carry on with the process of immigrating here. Re-entry would be denied without the AP.
It's pants!!! And I highly suspect that it's just an easy way for the 'powers that be' to make more money. But that's just my opinion.

Best wishes and good luck with your process.

Take care

Tam

UKLiz

Hi Tam

So you enter on a K1, marry within 90 days and then apart from being able to prove that your marriage is genuine you also have to show that you are willing to abandon your home Country/friends/family for up to two years? Is that it?

I just don't get it, I mean it is all very well that we have to prove that our marriage is genuine, but surely we don't have to prove that because we are marrying a USC all that matters to us is the US?

Liz

Alie&Steve

I don't believe it takes 2 yrs to get AP. From what i understand, you file for AP along with your AOS & EAD and it should only take 3-6 months or so to receive. Someone correct me if i'm wrong, but that was my understanding.

Alie

DCMark

Not to mention that you can get an emergency AP sometimes the same day, if you spend that day at a BCIS office.

canuk_32

It only took me a couple of months to receive my AP. Good luck to you with the K-1 process.

Karen D

Hi

If you apply for Advance Parole (AP), it depends on where you file as to how long it will take to obtain. I am currently waiting to hear from my local USCIS office to see if THEY think I qualify...

I too have many frustrations with this situation

Although I understand that in filing for an Adjustment of Status, I am saying that I wish to become a permanent resident of the United States, what I find extremely frustrating is that I am NOT ALLOWED to go back to England and visit my family. I am not looking to gallivant all over the world, just go back to see the people I love and miss in my home country!

It is only because the whole damn process takes so damn long that Advance Parole is needed at all

Bearing in mind the amount of time it usually takes to obtain a green card with this whole generally innefficient immigration system, I do not see that wanting to visit your family is an unreasonable request in any way. YET, you often have to actually have a trip booked or at least planned, to stand a chance of being granted AP. And even after all that and paying the AP fee, you are warned that you may be denied re-entry! I ask you...

Why do I feel like a child asking, "Please can I go and visit my family, please Sir, pretty please, PLEEEEAAAAASSSSSSSSE"

Rant over...
~takes a deep breath and sighs~

jeffreyhy

Liz,

Because that's the way the relevant law was written. Beyond that, there is no enlightenment.

Different District and Sub offices have their own ideas about what constitutes a valid reason for granting advance parole and different processing times. I would hope that all offices would have a means to expedite in emergency situations, but their idea of an emergency and an applicant's idea of an emergency may differ.

I have heard of offices that take upwards of 2 years to process adjustment of status, but not advance parole.

It's not obvious at all. But if you say so, I'll believe you.

Regards, JEff

cmstrick

I called about getting AP for my fiance, and after the marriage it takes 1-2 months from what they told me. Of course it could be different at different offices. I guess one reason the K-1 wouldn't be valid anymore either is b/c while you come into the US on the K-1 you are a "fiance." Once you are married you are no longer a "fiance" but a "spouse" which means the "fiance visa" would no longer be valid. They must think that if you just got to the US why would you want to leave again within 90 days? That's government....

UKLiz

Sorry JEff, by saying "obviously" all I mean't was that I would not be asking why I can't visit the UK unless I actually wanted to. In other words I have only asked the question because I want to be able to visit the UK.

UKLiz

I know you can get AP in an emergency, but I want to visit without there having to be some dire reason for doing so and don't understand why they won't allow you to do that.

Someone said that it only took 2 months for them to get AP, someone else said it takes 3 to 6 months - so does that mean the time it takes to approve AP is anyone's guess?

Ignoring emergency applications, I am also wondering on what grounds can they deny AP? Can they deny you simply because the only reason you have for leaving the US is because you want to visit your family?

UKLiz

Hello Karen

This is exactly how I feel! I think that I might be wasting my time trying to make sense of all this as it seems that much about this process is not supposed to make sense!

Liz

Karen D

Hi Liz

The only consoling thing is that you are not alone in this situation with your thoughts and feelings.

Quote:

Originally posted by UKLiz
Ignoring emergency applications, I am also wondering on what grounds can they deny AP? Can they deny you simply because the only reason you have for leaving the US is because you want to visit your family?

I don't want to scare you but I believe they can and do reject AP applications based solely on this reason...

Steffi

Yeah, I'm pretty annoyed about that bit as well. It's not like I want to "abandon" the US, nor do I want to spend more days out of the year in the other country than in the US...I just want to visit my family for a couple of weeks! *sigh* So we all feel for you.
And as Jeff already clarified it's not the AP that takes 2 years (at least it shouldn't!! *L*), it's the AOS (adjustment of status) that takes approx 2 years (big note that this can vary greatly from office to office). I would suggest checking out the USCIS website (https://egov.immigration.gov/graphic...sp?textFlag=N#) and check out your district office times. You will be able to get an idea how long the AP, EAD, and AOS will take to get where you apply.


Oh, and I also wanted to add that even though it says you should only use it in emergency it seems that they rarely deny the AP anymore. Apparently it does happen every once in a while (I remember someone posting about it the other day), but it seems generally they have become more lenient with giving them out from what I understand. Again, this is no guarantee...but I think it does make you feel a little better that they don't seem to be as uhmm...anal (excuse my French) regarding the AP anymore.

UKLiz

Hi Karen

I find all this so hard to understand, but only because I can't think of any valid reasons for us to be held prisoner just because we marry a USC!

Before our K1 is issued we find that we might get problems just trying to visit our partner; and after we get the K1 and get married they do their best to stop us from leaving!

Liz