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Immigration Issues/F-1 marrying US Citizen Needs to leave country for health reasons

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Question

Hi

I am an F-1 visa holder in good standing and enrolled in university.  My Visa expires in August. I wish to marry my fiance a US citizen in the US in the next couple of weeks and then file for an adjustment of status, green card, EAD, and Advance Parole document.

The only problem is that I will need to return to my home country within two months of getting married for medical treatment.

If we file our I-130, I-485, I-795 and I-131 jointly the day after we are married how long will it be before I can get the I-131?

Given that I need to return to my home country for medical care can I get an emergency I-131?

Thanks so much!

Answer
Hi,

Since it can take 3 or 4 months for advance parole document to be issued, I recommend that after all forms (including I-131) are filed with the USCIS by mail, that you make an appointment with the local USCIS office through Infopass: https://infopass.uscis.gov/info_en.php and go in-person with evidence that there is an emergency which requires issuance of emergency advance parole document.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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