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pwayne

my wife traveled before her aos complete help!

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Filed: AOS (pnd) Country: Romania
Timeline

hmmmm...talk to another uscis supervisor and see what story this person tells you. Then you can decide if you want to trust them or not; my experience tells me that they don't even know their own policies----let alone the policies of other agencies.

AOS

2009-01-12===> Sent AOS packet via UPS
2009-01-13===> AOS packet received
2009-01-28===> NOA's received in the mail
2009-02-01===> Biometric appt received in the mail
2009-02-06===> Completed biometric appt thru walk-in
2009-02-06===> Applied for expedited AP thru the phone
2009-02-14===> Received AP in the mail
2009-02-11===> Case transferred to CSC
2009-02-23===> EAD received
2009-05-02===> Green card received in the mail, no interview done.

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Filed: K-3 Visa Country: Thailand
Timeline
When did you file the I485?

How much did you pay when you filed?

$1010.00 filling fee in january I will lose it. I think we will start paper work over. I am not sure what will happen if we try to come back in again. I get alot of diffferent answers, and seems no one has ever heard of them letting someone back with expired visa. she left feb 28th visa expired 3/7/8

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Filed: K-3 Visa Country: Thailand
Timeline
Have you checked with the USCIS and Consulate in Bangkok? She may be able to get help there.

Thai Mom

She went to the embassy and to uscis in bkk. I was first told to get a transportation letter when I called uscis before I went and talked to someone in person, They said she can not get one you must already have a green card for that

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Filed: Other Timeline
When did you file the I485?

How much did you pay when you filed?

$1010.00 filling fee in january I will lose it. I think we will start paper work over. I am not sure what will happen if we try to come back in again. I get alot of diffferent answers, and seems no one has ever heard of them letting someone back with expired visa. she left feb 28th visa expired 3/7/8

Ok.

This is a long shot, but I would give this a try.

I would make an Infopass appointment. I would plead the case that her adjustment had been filed and an Advance Parole document should be in the works for her.

Or - you could try an attorney consult and have that attorney make that inquiry for you.

On second thought - you might want to inquire of an attorney before you make an Infopass appointment. I am wondering if it could be legal at all if she waited it out in her home country until her Advance Parole arrives at your residence, then you mail it to her and she enter on it.

Hindsight is 20/20, but it's a shame you didn't go for Emergency AP before she left. As the adjustment had already been filed, they would have granted it for sure. It's because of this fact that I'm wondering if there is a possible 'loophole' for you. But you may need legal assistance to access it.

Edited by rebeccajo
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Filed: AOS (apr) Country: Philippines
Timeline
When did you file the I485?

How much did you pay when you filed?

$1010.00 filling fee in january I will lose it. I think we will start paper work over. I am not sure what will happen if we try to come back in again. I get alot of diffferent answers, and seems no one has ever heard of them letting someone back with expired visa. she left feb 28th visa expired 3/7/8

since the K-1 is a one use visa it became "void" the moment she used it regardless of the expiration date...

The other question I had is the USCIS supervisor's experience may have been pre- 9/11... I cannot imagine letting someone in with improper documentation post that date...

YMMV

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I would have serious doubts about reentry (LAX or elsewhere) with her current documentation - there would very likely have to be some sort of intervention to get her some sort of re-entry permit - that would be doubtful through traditional channels (i.e., USCIS) ..

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edited to add...

Along with some of the other suggestions posted, this would certainly be an occasion to enlist the help of an elected official (Senator/Representative)...

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Adjustment of Status

Dec 3, 2008 - Aug 20, 2009 (approval on August 7th)

Removing of Conditions

May 9, 2011 - October 4, 2011 (approval on September 28th)

Naturalization

July 19, 2014 - N400 packet sent out

July 21, 2014 - N400 packet delivered

July 23, 2014 - received email/text that I-797 is issued

July 26, 2014 - received I-797 in mail

August 11, 2014 - received the Biometrics notification

August 14, 2014 - biometrics walk-in (original date August 20)

August 18, 2014 - in line for interview scheduling

September 9, 2014 - yellow letter is received (letter is issued September 3)

November 3, 2014 - interview notice is issued (email/text alert)

November 10, 2014 - interview notice received with the interview date of December 11, 2014.

November 10, 2014 - request to reschedule mailed out

December 5, 2014 - interview notice is sent out (email/text alert)

December 11, 2014 - received an interview letter in mail

January 10, 2015 - interview on Saturday at 7am

January 26, 2015 - sent the requested documentation

February 26, 2015 - oath letter is issued (email/text alert)

March 2, 2015 - oath letter is received

March 18, 2015 - oath at 8am

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When did you file the I485?

How much did you pay when you filed?

$1010.00 filling fee in january I will lose it. I think we will start paper work over. I am not sure what will happen if we try to come back in again. I get alot of diffferent answers, and seems no one has ever heard of them letting someone back with expired visa. she left feb 28th visa expired 3/7/8

Ok.

This is a long shot, but I would give this a try.

I would make an Infopass appointment. I would plead the case that her adjustment had been filed and an Advance Parole document should be in the works for her.

Doesn't matter, she left without the AP in hand, which is required.

Or - you could try an attorney consult and have that attorney make that inquiry for you.

Same outcome as above probably, but you will pay for that privilage.

On second thought - you might want to inquire of an attorney before you make an Infopass appointment. I am wondering if it could be legal at all if she waited it out in her home country until her Advance Parole arrives at your residence, then you mail it to her and she enter on it.

It would not be "legal", she left before the AP was approved, she is in the system as leaving, her passport will show the stamps being out of sequence.

Hindsight is 20/20, but it's a shame you didn't go for Emergency AP before she left. As the adjustment had already been filed, they would have granted it for sure. It's because of this fact that I'm wondering if there is a possible 'loophole' for you. But you may need legal assistance to access it.

No loopholes I know of, that are "legal"

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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