Advance Parole for Thai Fiancees and Spouses

Advance Parole is a travel document that gives a Thai fianc?the right to re-enter the United States on a K-1 Visa after leaving the country. This is important because your fianc?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 fianc?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 FIANC?

The question of Advance Parole often arises when a Thai fianc?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 fianc?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 fianc?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 superior to the alternative: leaving the United States only to find out that your Thai fianc? 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 technically another country, although a country in a perpetual union with the US, and now anyone traveling between the US and Puerto Rico has to go 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.