twazzler

Hello,

I have recently had my K1 approved and will be leaving for the US within a week or so. I was hoping to take my new wife back to the UK at christmas to meet the family, but then was rather alarmed to read this:

http://tinyurl.com/y8dy7m

which appears to suggest that if I leave the US whilst my AoS is pending it will be assumed that I have "abandoned" or "cancelled" the AoS and that I may not even be allowed back in!

Am I reading this correctly, as this seems to be ridiculous. I only want to go to the UK for a week! Is there no discretion that can be used in these cases?

Thanks in advance

Noorah101

As part of your AOS package, you can apply for a travel document (called AP, Advance Parole). This takes about 60 days to get in hand, after you apply for AOS. You shouldn't leave the USA until you have your AP document in your hands. If you marry and file AOS soon after you get to the USA, I believe you should have your AP by Christmas time. But, just in case, don't purchase any tickets that can't be refunded or changed.

Best Wishes,
Rene

Tracym

Also, for some people using the AP is not a good idea I believe - wasn't there something about if there are any overstays, criminal issues, etc. it shouldn't be used? Perhaps someone remembers the details better...

It does put one in a slightly different statys - one is paroled into the US, rather than admitted. I believe that doesn't usually matter - but there are a few situations when it does.

gstring

I have some thoughts on this matter too.

How long is the AP valid for? Does anyone know?

ian-mstm

It is valid for one year.

Ian

gstring

Thank you Ian. Is there a limit to how many times you can apply?

Tracym

You can request an AP that is good for multiple trips. And I would presume, if your AOS isn't granted, you could apply for another one if need be.

ian-mstm

It may be ridiculous... but you are reading it correctly.


The length of time is not the issue... the abandonment kicks in as soon as you leave the US.


No... you can't have it both ways.

Now, that said, others have given you your options! File for A/P when you file the AOS package, and hope the A/P arrives in time. Do not book any tickets in advance unless you don't mind losing the money if A/P is not recieved in time.

Ian

ian-mstm

No. You can apply on an annual basis if your adjustment has not yet been approved. I had three A/Ps before I got my GC.

Ian

gstring

Thank you Tracy and Ian.

I already know I will have to travel back to the UK next year. OK, one other question whilst I'm here and the thread is active. Can the reason for AP be as simple as visiting family?

ian-mstm

Yes.

Ian

twazzler

Thank you everyone for your replies, much appreciated...I shall ponder further