I do not have a travel document and need to leave the US for an emergency. I am currently adjusting my status?

Question

I am currently here in the US on a k-3 visa adjusting my status. My visa is about to expire at the end of the month and i need to travel abroad for an emergency. I have applied for a travel document which will take about 3 months. However i need to travel immediately. What can i do?

Answer 1

.I take it it's been 2 years since you had the K3? and when your adjustment is approved you will be a permanent resident.

You can leave and enter the country without an AP IF you are a K3 spouse of US citizen and have an I485 pending, provided the K3 is not expired(more than 2 years). If you require travel after the K-3 expires and it truly is a DIRE emergency you can contact the USCIS to have your AP(advance parole) expedited.
I would just call them and check because you may not need one at all.

I also believe you can get a K3 extension from USCIS which may be quicker than the AP application, in which case you won't need the AP.

I'm not certain of this, but you should be already married to US citizen. I'm sure there is something you can do...

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your req

EDIT: I did a couple searches. Confirmed you can get a K3 entension from USCIS. Don't worry Call USCIS.

Answer 2

Most-likely you will be stuck abroad, because you need to start all over again to apply for a new K-3 visa. Since the US Immigration laws have changed in the last few years, there is always a possibility that you will not receive one for a few years. Figure out if your emergency is worth all this trouble.

Answer 3

something is wrong, did you wait almost 2 yrs before applying for adjustment. The K-3 is valid for 2 yrs and is valid for re-entry after travel, so you do not need a travel document if you return before it expires, don't go by the date on your I -94 , but the validity date on the visa placed in your passport.

Answer 4

here's what you do, go online NOW and schedule an infopass appointment at your local office. take a copy of your I-131 if you already filed one, but be prepared with a new original and the filing fee and your photos, bring proof of the emergency, it should really be a family emergency, and proof of your relationship to the person, beg for the travel document in person. there is no other faster way and good luck!

Answer 5

You may be able to get some sort of heartship waiver for a true emergency. I'd start at:

http://www.uscis.gov/portal/site/uscis

Answer 6

Depends on the emergency. You can apply at the local CIS office (www.cis.gov).

Answer 7

You could contact your U.S. Congressperson to see if they could expedite matters with USCIS although most will want to see that you have initiated contact with them already. The tip about INFOPASS is good. So is the one above it.

Answer 8

You can chat with an immigration attorney for free every Wednesday at 11 am central. www.visacentral.net

Answer 9

go to us customs or immigration. If they cannot help you, at least they can direct you.

Answer 10

call INS ...not sure you can do it....