Advance Parole for Thai Fiancees and Spouses

Advance Parole is a travel document that gives a Thai fiancée the right to re-enter the United States on a K-1 Visa after leaving the country. This is important because your fiancée cannot leave the country on a K-1 Visa and return without obtaining this crucial travel document. The reason this is so important: immigration presumes anyone who is in the US on a K-1 visa and then departs is abandoning their K-1 Visa. Therefore, should your Thai fiancée leave the US without obtaining advance parole her K-1 visa will be terminated and the only way for her to come back into the country is by reapplying for a visa at the US Embassy or Consulate in Thailand. Essentially, the immigration process must begin anew.

ADVANCE PAROLE AND ADJUSTMENT OF STATUS FOR A THAI FIANCÉE

The question of Advance Parole often arises when a Thai fiancée wishes to return to Thailand while her application for Adjustment of Status is still pending. The problem is that the visa will be considered abandoned by USCIS as well as the application to adjust status so once again this leaves the Thai fiancée outside of the country with no visa to get back in. Advance Parole is important if your fiancee wishes to leave the US no matter what stage of the process her Adjustment of Status petition is in. Once she has obtained Permanent Residence she can leave the country and return, but until then it is wise for your fiancée/wife to stay in the US.

ADVANCE PAROLE AND K-3 VISAS?

A Thai wife in the US on a K-3 Visa, even though it is a non-immigrant K visa, can leave and return to the US without needing to worry about obtaining advance parole because the K-3 is a multiple reentry visa.

THE HONEYMOON AND A THAI WIFE: ADVANCE PAROLE TRAPS TO AVOID

How does Advance Parole becomes an issue for some American/Thai couples? The answer is simple: the Honeymoon. For those wishing to travel outside of the US the necessity of advance parole can either postpone or cancel a prospective honeymoon. This is better than the alternative: leaving the United States only to find out that your Thai fiancée, now wife, cannot reenter the US. Some people have asked me if they can take their Thai spouse to Puerto Rico and the US Virgin Islands. Although both of these locales, along with Guam and a few other American possessions, are under US jurisdiction there is some legal question as to whether going to one of these places constitutes "leaving the country" for immigration purposes. I believe that going outside of the 50 US states when the adjustment of status is pending is an unwise decision. Puerto Rico is a separate sovereign from the USA, albeit in perpetual union with the United States, and presently those traveling between the two locales must pass through customs. As a result, it is prudent to simply avoid travel to Puerto Rico or the US Virgin Islands until such time as your Thai spouse's Adjustment of Status is complete.

Thanks for Reading,

Benjamin W. Hart, Esq.

The information imparted herein is intended for informational use only and should not be used as a replacement for competent legal advice from a professional.

Article Source: http://www.rightbiz.com

Benjamin W. Hart, Esq. is a US Attorney-at-Law and member of the American Immigration Lawyer's Association. He currently lives and works in Thailand. He is the President & Managing Director of Integrity Legal, a Law Office located in Thailand and the US. Visit Integrity Legal on the Web at www.integrity-legal.com

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