Travel, Advance Parole and expiring International passport

[Faux Pas]

My wife is planning is going to visit the family next week in Russia. Due to a mistake on her part at initial entry into the US, getting her temporary green card has been a bit of a nightmare. She is currently awaiting her interview and her temp Green card. The delay in this is the fault of USCIS. In any event, she has advance parole documents, her passport with her visa affixed in it is set to expire just after she is to return to the US in January. Her plan was to renew her passport while in Russia, her fear is that the visa will not be in her new passport and she may encounter problems. Has anybody dealt with or have any experience as to the beat course of action? Advice?

[GQBlues]

FP-

My wife left for Russia on APs prior to receiving her temp (conditional) GC. That's what APs are technically designed to do anyway until FSUWs started re-defining its intent   She took along a certified copy of our MC and her AP.

The only thing I'm a bit out of the loop here is how much of an impact will her renewing her passport do on her return trip. My wife renewed her passport here in the US. I think it took about 10 days...you may have time to expedite this here if you have a Russian Consular Office nearby (not sure about this though).

Will maybe postponing the trip one or 2 weeks later to get her passport renewed here be that much of a big deal? Or at least getting her docs more in order?

[Faux Pas]

FP-

My wife left for Russia on APs prior to receiving her temp (conditional) GC. That's what APs are technically designed to do anyway until FSUWs started re-defining its intent   She took along a certified copy of our MC and her AP.

The only thing I'm a bit out of the loop here is how much of an impact will her renewing her passport do on her return trip. My wife renewed her passport here in the US. I think it took about 10 days...you may have time to expedite this here if you have a Russian Consular Office nearby (not sure about this though).

Will maybe postponing the trip one or 2 weeks later to get her passport renewed here be that much of a big deal? Or at least getting her docs more in order?

GQ
Her passport doesn't actually expire until two weeks after her return from Russia. Her fear is that if she doesn't renew it while there, they may not let her board to return as the expiration is only two weeks out. I had never heard that but it may have some validity. Her other fear is that if she renews while in Russia she won't have her K-1 visa to accompany her AP. (I don't think the expired K-1 is going to matter anyway)

Were are now 7 days from departure and the closest consulate is in Houston, we are in Little Rock so, not really an option before departure. Delaying the trip I think is possible but a bit costly but, is it necessary? Is her fear on the expiring passport valid? Is just the AP document and a valid passport all that is required for her to board on the return?

[vwrw]

If she fills in a special form when she applies for her passport renewal, the officials won’t take her old passport away. They just will make a small hole in the area of her photo on her old passport to invalidate it and then they will return it to her. The officials allow people to keep their old passport because the presence of previous visas to foreign countries may be a requirement for obtaining new visas.

I requested my old passport back when I applied for my passport renewal and had no any problem with getting it back.

[GQBlues]

Frankly FP, and from a westerner's POV, two weeks left on her passport means it's still valid for 2 weeks, period. But that's Russia, so put in your own personal extrapolation on that. OTOH however, that's Russia, anything is up for negotiation - in case.  :noidea:

Based on my experience and based on the documents she have on hand, everything seem cool to me. The K1 has no bearing anymore since you already got married, filed for her AOS and likely received a notice of receipt of the AOS filing, SS, etc...

Passport, MC, AP...that's all my wife needed.

[Faux Pas]

If she fills in a special form when she applies for her passport renewal, the officials won’t take her old passport away. They just will make a small hole in the area of her photo on her old passport to invalidate it and then they will return it to her. The officials allow people to keep their old passport because the presence of previous visas to foreign countries may be a requirement for obtaining new visas.

I requested my old passport back when I applied for my passport renewal and had no any problem with getting it back.

vwrw, where did you renew your passport? Russia or the US?

[Faux Pas]

Frankly FP, and from a westerner's POV, two weeks left on her passport means it's still valid for 2 weeks, period. But that's Russia, so put in your own personal extrapolation on that. OTOH however, that's Russia, anything is up for negotiation - in case.  :noidea:

My thoughts exactly. Doesn't make much sense to me that an expiration date isn't "really" the expiration date. The temp green card is well out of the current processing dates and should have been received by now sans no interview. 

Based on my experience and based on the documents she have on hand, everything seem cool to me. The K1 has no bearing anymore since you already got married, filed for her AOS and likely received a notice of receipt of the AOS filing, SS, etc...

Passport, MC, AP...that's all my wife needed.

It seems so to me as well but ya know, it seems every time I turn around when I think I have this immigration thing aced, in comes another curve.

She has all those documents. And  your wife experienced no problems upon return?

[vwrw]

vwrw, where did you renew your passport? Russia or the US?

I did it in Russia. 

[viking]

I cant comment on her Russian visa, but as noted before as long as it is valid when she checks in on her return it should be ok. My wife only had her AP when she came back from her trip to pick up her son and that was all that was needed ( besides her Belarus passport).

BTW. as far as trying to figure out those immigration rules,,I can tell you some real horror stories.We are still going through them.

[Faux Pas]

I did it in Russia. 

Thanks vwrw! Thats good info

[Faux Pas]

I cant comment on her Russian visa, but as noted before as long as it is valid when she checks in on her return it should be ok. My wife only had her AP when she came back from her trip to pick up her son and that was all that was needed ( besides her Belarus passport).

BTW. as far as trying to figure out those immigration rules,,I can tell you some real horror stories.We are still going through them.

She's Russian. The visa she is worried about is the expired K-1 in her soon to be expired passport. She won't need it as it is expired but, she's worried that she will. I know that she wouldn't but I haven't found anything on the USCIS website to convince her yet.

We have a few horror stories of our own with immigration. It has been one big pain in the ass. Granted, some of it was self-inflicted when she threw away the I-91 as soon as she received it.

[viking]

FP. Her K-1 visa expires at the end of 90 days. Period. Then you either get married or go home. She married you and now you are adjusting status which can take quite a few months. In the interim, She received her AP which allows her to re-enter the US if she needs to go home. That and a valid passport is all that is needed.

Two things. I assumed you replaced the I-94? And she has had her biometrics taken? If not, do an infopass and have this done before she leaves. The biometrics takes about 5 minutes and this should be done prior to leaving.

[Faux Pas]

FP. Her K-1 visa expires at the end of 90 days. Period. Then you either get married or go home. She married you and now you are adjusting status which can take quite a few months. In the interim, She received her AP which allows her to re-enter the US if she needs to go home. That and a valid passport is all that is needed.

Two things. I assumed you replaced the I-94? And she has had her biometrics taken? If not, do an infopass and have this done before she leaves. The biometrics takes about 5 minutes and this should be done prior to leaving.

Yes we replaced the I-94 (my bad). That took 5 months and $490 (IIRC) and filed the I-485(?) for permanent residence. We had the biometrics done in June. Prior to the biometrics we bought a new house and moved to a new city thus changing the address. Big mistake, even though they sent us a confirmation that our address was in fact changed (to our new address), they later sent notice that the case was transferred to another center for investigation to guess where? Yep, the old address. Luckily the guy that bought the house recognized it as something we might need and got it to me. We are currently out of processing time now for a temp green card or an interview. After talking with USCIS yesterday, my wife got paranoid and I couldn't answer the AP questions because, quite honestly I didn't know and couldn't find it online. USCIS has been a nightmare beginning with the filing of the K-1, but thats a completely different story.

[SMS60]

FP

The K1 visa is a single entry visa. So, I don't think it matters if it is expired or not. Its useless after initial entry as for as travel goes.

I think she will be fine with the AP document. This is what it is for. Travel before receiving GC.

I would make sure she has copies of her birth certificate, marriage license, and receipts showing I-485 is being processed. This would allow them to cross reference anything that might be questioned. If she receives a new passport sometimes they punch a hole in the old one and return it to the individual. She would have her history.

As long as she has a valid AP document and a valid International Passport she should be fine. I would not worry too much.

P.S. She wont be the first person to travel with the AP document. I would say it happens  many times a week.

[tfcrew]

.. her fear is that the visa will not be in her new passport and she may encounter problems.  

I think that she most probably will.
There was another expiring passport dilemma a while back..

 http://www.russianwomendiscussion.com/index.php?topic=12554.0

This post involved Ukraine instead of Russia however..

I could be wrong but the problem might lay in getting boarded by a US carrier unless the passport is updated which can be [fortunately, I think] done here at a Russian embassy and then also having a resident card.
Regarding Alesis' post linked here..they need the same thing.
These documents should be provided on demand [I strongly feel]
Hope all goes well.

Karl

[GQBlues]

And  your wife experienced no problems upon return?

No, none at all. We've been fairly lucky with the entire process really. About the only 'snag', (and I really wouldn't even call it that) was during her interview. They grilled her, but that likely had more to do with our age difference than anything else. But everything's been clockwork.

I would also like to correct the info above re: passport renewal. My wife told me this morning that when she renewed her passport before, she made photo-copies of every page of her old passport and went got her signature notarized. She then mailed the packet and in less than 3 weeks (not 10 days as I posted above), she received a new passport - through the mail. Apparently today, they dont mail these anymore. You need to pick it up in person at the Consular office.