Filed 130 but need to leave USA.

[rebeccajo 14]

Have you re-sent your I485 yet?

If you did, did you also complete the I-131, Application for Travel Document (Advance Parole)?

If you did send the I485 but didn't file the I-131, make an Infopass appointment to file for emergency Advance Parole. Take documentation of your father's illness. They may grant the document as emergent. USCIS offices are known to be quite compassionate in this regard.

If you have not re-sent the I485, do so now and do not fail to file the I-131 at the same time (it is included in the cost of the package so there's no reason to not complete the form). Include an explanation with the document that your father is very ill and you would appreciate the Service expediting your request if it is at all possible (in other words, butter them up).

Also consult with an attorney regarding leaving the country given the circumstances of your original arrival and subsequent marriage. On the surface it all sounds 'kosher' - a professional opinion is in order though.

Good luck to you and your family.

Edited January 5, 2009 by rebeccajo

[pushbrk 13,067]

Have you re-sent your I485 yet?

If you did, did you also complete the I-131, Application for Travel Document (Advance Parole)?

If you did send the I485 but didn't file the I-131, make an Infopass appointment to file for emergency Advance Parole. Take documentation of your father's illness. They may grant the document as emergent. USCIS offices are known to be quite compassionate in this regard.

If you have not re-sent the I485, do so now and do not fail to file the I-131 at the same time (it is included in the cost of the package so there's no reason to not complete the form). Include an explanation with the document that your father is very ill and you would appreciate the Service expediting your request if it is at all possible (in other words, butter them up).

Also consult with an attorney regarding leaving the country given the circumstances of your original arrival and subsequent marriage. On the surface it all sounds 'kosher' - a professional opinion is in order though.

Good luck to you and your family.

No I-131 has been filed but going to the local office and requesting emergency AP would probably work. It does require the separate fee when done that way though. Another issue seems to be the intended travel is open ended, so they could still end up with an abandoned AOS process and a ten year ban. I'd sure want to avoid that if at all possible but that's me.

[rebeccajo 14]

Have you re-sent your I485 yet?

If you did, did you also complete the I-131, Application for Travel Document (Advance Parole)?

If you did send the I485 but didn't file the I-131, make an Infopass appointment to file for emergency Advance Parole. Take documentation of your father's illness. They may grant the document as emergent. USCIS offices are known to be quite compassionate in this regard.

If you have not re-sent the I485, do so now and do not fail to file the I-131 at the same time (it is included in the cost of the package so there's no reason to not complete the form). Include an explanation with the document that your father is very ill and you would appreciate the Service expediting your request if it is at all possible (in other words, butter them up).

Also consult with an attorney regarding leaving the country given the circumstances of your original arrival and subsequent marriage. On the surface it all sounds 'kosher' - a professional opinion is in order though.

Good luck to you and your family.

No I-131 has been filed but going to the local office and requesting emergency AP would probably work. It does require the separate fee when done that way though. Another issue seems to be the intended travel is open ended, so they could still end up with an abandoned AOS process and a ten year ban. I'd sure want to avoid that if at all possible but that's me.

I'd file it in conjunction with I485. If the I485 wasn't already in the pot, I might even try going to the District Office with my proof that I'd tried to file it earlier when I went to get the I131. The worst they could do would be say send it to the lockbox.

Abandonment of AOS could be avoided by traveling back and forth within the six month window.

This is one of the sorrows of moving away from family, I think. Human beings just can't be in too places at one time.

[pushbrk 13,067]

Have you re-sent your I485 yet?

If you did, did you also complete the I-131, Application for Travel Document (Advance Parole)?

If you did send the I485 but didn't file the I-131, make an Infopass appointment to file for emergency Advance Parole. Take documentation of your father's illness. They may grant the document as emergent. USCIS offices are known to be quite compassionate in this regard.

If you have not re-sent the I485, do so now and do not fail to file the I-131 at the same time (it is included in the cost of the package so there's no reason to not complete the form). Include an explanation with the document that your father is very ill and you would appreciate the Service expediting your request if it is at all possible (in other words, butter them up).

Also consult with an attorney regarding leaving the country given the circumstances of your original arrival and subsequent marriage. On the surface it all sounds 'kosher' - a professional opinion is in order though.

Good luck to you and your family.

No I-131 has been filed but going to the local office and requesting emergency AP would probably work. It does require the separate fee when done that way though. Another issue seems to be the intended travel is open ended, so they could still end up with an abandoned AOS process and a ten year ban. I'd sure want to avoid that if at all possible but that's me.

I'd file it in conjunction with I485. If the I485 wasn't already in the pot, I might even try going to the District Office with my proof that I'd tried to file it earlier when I went to get the I131. The worst they could do would be say send it to the lockbox.

Abandonment of AOS could be avoided by traveling back and forth within the six month window.

This is one of the sorrows of moving away from family, I think. Human beings just can't be in too places at one time.

I'm being pedantic her and I know what you meant but avoiding abandonment of AOS requires the Advance Parole before leaving, returning within six months as well as returning for any interview. Chances are the first return would be for the AOS interview well within the six months. No Advance Parole and the "departure" abandons AOS.

With a ten year ban in the picture in this case, leaving without advance parole results in a high probablility the marriage fails. I don't see many marriages surviving a ten year separation and it doesn't sound like this US Citizen is in a position to be making frequent visits abroad.

Edited January 5, 2009 by pushbrk