Marrying somone who has overstayed; can we apply for advance parole?

C

CCCPmorgeN

New Member
First of all, thank you for taking the time for reading my post. I feel like I have done my research, and I was unable to find anything pertaining exactly to my situation, which is why I felt that in order to finally get a concrete answer, I had to begin my own thread. So please forgive me if this resembles another thread. All help is greatly appreciated.

My fiancee entered the countly legally on her J1 work visa; her visa says "two year rule doesn't apply; spirit." However, she applied for a F1 student visa once as her work visa was about to finished. The received date for her I539 was 08/XX/06. She was sent a denial notice on 09/XX/07, but she moved from that location, so she was never received the document. Therefore, we believe she has been here illegally for over a year.

Once we get married, we are going to send off the packet without an attorny. I feel with the help of forums like this, we can do everything on our own; thank you! However, we are unsure about one thing. We want to leave the country during summer. This probably means that we will leave before she will receive her temporary green card. However, what about advance parole? Can we apply for advance parole so that she will be assured reentry once we arrive back to the states? Or will customs most likely detain her because of her overstay? Is there anything else we can do so we can leave and be assured she will be able to reenter?

Thank you so much for your help guys! Everything is appreciated!!!!
 
CCCPmorgeN said:
First of all, thank you for taking the time for reading my post. I feel like I have done my research, and I was unable to find anything pertaining exactly to my situation, which is why I felt that in order to finally get a concrete answer, I had to begin my own thread. So please forgive me if this resembles another thread. All help is greatly appreciated.

My fiancee entered the countly legally on her J1 work visa; her visa says "two year rule doesn't apply; spirit." However, she applied for a F1 student visa once as her work visa was about to finished. The received date for her I539 was 08/XX/06. She was sent a denial notice on 09/XX/07, but she moved from that location, so she was never received the document. Therefore, we believe she has been here illegally for over a year.

Once we get married, we are going to send off the packet without an attorny. I feel with the help of forums like this, we can do everything on our own; thank you! However, we are unsure about one thing. We want to leave the country during summer. This probably means that we will leave before she will receive her temporary green card. However, what about advance parole? Can we apply for advance parole so that she will be assured reentry once we arrive back to the states? Or will customs most likely detain her because of her overstay? Is there anything else we can do so we can leave and be assured she will be able to reenter?

Thank you so much for your help guys! Everything is appreciated!!!!
Click to expand...

Sorry AP will not work for her. Get green card before planning to go anywhere.
 
Last edited by a moderator:
CCCPmorgeN said:
We want to leave the country during summer. This probably means that we will leave before she will receive her temporary green card. However, what about advance parole? Can we apply for advance parole so that she will be assured reentry once we arrive back to the states? Or will customs most likely detain her because of her overstay? Is there anything else we can do so we can leave and be assured she will be able to reenter?
Click to expand...

She is subject to the 10-year re-entry bar and must not leave the United States under any circumstance until she becomes a permanent resident.
 
I don't remember!

CCCPmorgeN said:
Thank you for your replies. I have just one more question: Who is advance parole for?
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But if you read the application for the Advance Parole Document you'll see that your fiancee doesn't fit in any of the categories. The following informations is also in that form:

E. Although advance parole may allow you to return to the United States, your departure may trigger the three-or ten-year bar, if you accrued more than 180 days of unlawful presence BEFORE the date you were considered to be in a period of authorized stay.
F. Therefore, if you apply for adjustment of status after you return to the United States, resume an adjustment application that was pending before you left, or return to a status that requires you to establish that you are not inadmissible, you will need to apply for and receive a waiver of inadmissibility before your adjustment application may be approved or your status continued.
 
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