Legal Question in Immigration Law in Michigan

Immigration

My fiancee will enter the country in a few short weeks under a K-1 visa.

As part of the K-1 requirerment she is not able to return to England for two years. My question is this; If there is a death in her family can she get a special travel visa for the funeral and inheritance issues.

thank you

Ray


Asked on 3/02/09, 6:58 pm

4 Answers from Attorneys

Rebecca White Law Office of Rebecca White

Re: Immigration

Ray,

I think you have a misunderstanding regarding the K-1 visa requirements. She will be able to travel once the proper steps are taken. Please email my office to set a time to discuss your situation in more detail.

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Answered on 3/02/09, 7:06 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Immigration

Excuse me, but who told you about that requirement. First of all, when you file her I-485 and work authorization after your marriage, she is entitled to file a document for advanced parole if she has any emergency and must return home. You don't need to file for it right away, but if an emergency comes up and she is still waiting for her adjustment of status (green card), she can indeed get an advance parole document, get home, and reenter with that document to complete the processing of her I-485. So I don't know who said she can't go home for 2 years; a death in the family would certainly qualify for advance parole purposes. Now, go find a GOOD immigration lawyer who can explain this all over again. Good luck!

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Answered on 3/02/09, 8:35 pm
Michael Cho Law Offices of Michael Cho

Re: Immigration

You'll want to marry her within 90 days of entry into the U.S. then file for her adjustment of status (green card). That will lead to a travel permit within 3 months of filing that allows her to travel in and out of the US while the green card is processing.

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Answered on 3/03/09, 2:24 am
Caridad Cardinale Pastor & Associates, P.C.

Re: Immigration

Hi, I am not sure why you think she will not be able to go to England for two years. The green card she will get if you are approved will be conditional for 2 years but she can travel during that time. Please contact us by email for further clarification.

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Answered on 3/03/09, 9:00 am


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