Advance word travel documents: a must for a Thai fiancée

Advance Parole is a term in the immigration field that basically means “permission to leave and return to the US.” This travel document is important because a Thai fiancée cannot leave and re-enter the US without obtaining this document before leaving. Immigration officials will presume abandonment of US residence if someone leaves the US after entering on a K1 visa. Therefore, if your Thai fiancée enters the country on a K1 visa and then leaves, she will not be allowed to return to the US on that K1 visa. The whole process must be restarted from scratch.

EARLY PAROLE AND ADJUSTMENT OF STATUS FOR A THAI BRIDE

The issue of early 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 USCIS will consider the visa abandoned, as well as the application to adjust status, so once again, this leaves the Thai fiancée out of the country without a visa to re-enter. Advance parole is crucial if your Thai fiancée wants to leave the US no matter where her adjustment of status petition is in the process. Once she has obtained permanent residence, she can leave the country and return, but until then it is prudent for her fiancé/wife to remain in the US.

ADVANCED PAROLE AND K-3 VISAS?

A Thai spouse present in the United States on a K3 visa can leave and re-enter the US without an advance parole travel document because the K3 is a multiple-entry visa.

THE HONEYMOON AND A THAI WIFE: TRAPS TO AVOID EARLY PROBATION

How does early parole become an issue for some American/Thai couples? The answer is simple: the Honeymoon. For those who wish to travel outside of the US, the need for early parole may postpone or cancel a future honeymoon. This is better than the alternative: leaving the United States only to discover that his Thai fiancée, now a wife, cannot re-enter the United States. Some people have asked me if they can take their Thai spouse to Puerto Rico and the US Virgin Islands. Although these two locations, along with Guam and some other US possessions, are under US jurisdiction, there is some legal question as to whether going to one of these locations constitutes “leaving the country” for immigration purposes. I believe that leaving the 50 US states when adjustment of status is pending is an unwise decision. Puerto Rico is technically another country, albeit a country in 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 traveling to Puerto Rico or the US Virgin Islands until your Thai spouse’s adjustment of status is complete.

Thank you for reading,

Benjamin W. Hart, Esq.

The information imparted in this document is intended for informational use only and should not be used as a substitute for competent legal advice from a professional.