Travel documents for advance parole – a must for a Thai fiancee
Advance Parole is an immigration term that basically means “permission to leave and return to the US.” This travel document is important because a Thai fiancee cannot leave and re-enter the US without obtaining this document before leaving. Immigration officials will assume that someone has abandoned U.S. residency if someone leaves the U.S. after entering on a K1 visa. Thus, if your Thai fiancee enters the country on a K1 visa and then leaves, she will not be allowed back into the US on that K1 visa. The whole process has to be restarted from scratch.
PAROLE AND ADJUSTMENT OF STATUS FOR THAI FIANCEE
The issue of advance parole often arises when a Thai fiancee wants 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 and so will the application for adjustment of status, so again this leaves the Thai fiancee out of the country without a visa to return. Advance parole is critical if your Thai fiancee wishes to leave the US, no matter what stage of the process her adjustment of status petition is at. Once she is granted permanent residency, she can leave the country and come back, but until then it is wise for your fiancée/wife to stay in the US.
ADVANCE PAROLE AND K-3 VISAS?
A Thai spouse in the United States on a K3 visa can leave and re-enter the US without a prior travel document because the K3 is a multiple entry visa.
THE HONEYMOON AND THE THAI WIFE: THE PAROLE TRAPS TO AVOID
How does pre-parole become a problem for some American/Thai couples? The answer is simple: honeymoon. For those wishing to travel outside the US, the need for advance parole can either delay or cancel a future honeymoon. It’s better than the alternative: leaving the United States only to find out that your Thai fiancee, now wife, can’t re-enter the US. Some people have asked me if they can take their Thai husband to Puerto Rico and the US Virgin Islands. Although both of these places, along with Guam and several other US 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 moving outside the 50 states of the USA when adjustment of status is pending is an unwise decision. Puerto Rico is technically another country, even though it is a country in a perpetual union with the US, and now anyone traveling between the US and Puerto Rico must go through customs. As a result, it is wise to simply avoid travel to Puerto Rico or the US Virgin Islands until the adjustment of your Thai spouse’s status is complete.
Thanks for reading,
Benjamin W. Hart, Esq.
The information provided herein is for informational use only and should not be used as a substitute for competent legal advice from a professional.
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