Worried about not getting advance parole

[azone 0]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage. Recently I got my social security card and employment card which allow me to work if I can get a job. I now very much what to go home to my country Singapore, to meet my family especially my old auntie which is like a mother to me, she being my mother's sister. Also very important I need to settle issues about my apartment which is sold and I need to surrender the keys and pack all my personal stuff from the apartment. I need to go home to the country that has always been a part of me before I decided to consider USA as my second country and home. I am also very homesick.

I am dissappointed that the lawyer did not include I131 together with the I485 application, so about 2 weeks ago we mailed I131 application. I call USCIS and they advise me to make appointment at INFOPASS. So I made appointment at local INFOPASS to explain my need personal and legal about going back to my home country for few weeks only. The guy at INFOPASS surprise me with his insensitive attitude, clearly dont care unless I can produce a death situation. Although I showed him all the documents I have and confirmed that I have applied for I131 but a week ago, I beg for him to look into it for a quick travel document so I can go home by end May or June 2009.

He said I just have to wait. There is nothing he is willing to provide. I tearfully called USCIS again, they cannot seen it in the system for receiving my I131, so I have to wait. Post office mail check confirmed my form is received into the box of Chicago office over a week ago. Now I am worried that my application is not keyed into the system for some weeks later and waiting for long for the receipt of application.

I am nervous that by May 09 I still will not get a travel document to book ticket and inform my family of my trip home. I may have to leave because I cannot have my stuff thrown out of my old apartment. Then this will end my marriage.

What should I do?

[Ban Hammer 13,491]

moved from K-1 Fiance(e) Visa Process & Procedures General Discussion to working and traveling.

[scandal 951]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage. Recently I got my social security card and employment card which allow me to work if I can get a job. I now very much what to go home to my country Singapore, to meet my family especially my old auntie which is like a mother to me, she being my mother's sister. Also very important I need to settle issues about my apartment which is sold and I need to surrender the keys and pack all my personal stuff from the apartment. I need to go home to the country that has always been a part of me before I decided to consider USA as my second country and home. I am also very homesick.

I am dissappointed that the lawyer did not include I131 together with the I485 application, so about 2 weeks ago we mailed I131 application. I call USCIS and they advise me to make appointment at INFOPASS. So I made appointment at local INFOPASS to explain my need personal and legal about going back to my home country for few weeks only. The guy at INFOPASS surprise me with his insensitive attitude, clearly dont care unless I can produce a death situation. Although I showed him all the documents I have and confirmed that I have applied for I131 but a week ago, I beg for him to look into it for a quick travel document so I can go home by end May or June 2009.

He said I just have to wait. There is nothing he is willing to provide. I tearfully called USCIS again, they cannot seen it in the system for receiving my I131, so I have to wait. Post office mail check confirmed my form is received into the box of Chicago office over a week ago. Now I am worried that my application is not keyed into the system for some weeks later and waiting for long for the receipt of application.

I am nervous that by May 09 I still will not get a travel document to book ticket and inform my family of my trip home. I may have to leave because I cannot have my stuff thrown out of my old apartment. Then this will end my marriage.

What should I do?

Why will this end your marriage?

I can understand that you are under stress about your life being torn between Singapore and the US. And yes, the immigration system can be slow and difficult and certainly interferes in our normal lives (it's interfering in mine!). But if you married for true reasons, I fail to see why this will "end your marriage".

Clearing out your apartment is certainly not grounds to expedite an immigration case. Perhaps you have family or friends in Singapore who can help with that?

Regarding your elderly aunt - that is very sad. I hope you have a chance to see her. You say she is old. Is she ill? If you don't go back quickly, is there a chance you won't be able to see her again? I don't think that will be enough to influence an expedited AP, but I certainly do feel compassion for you in that case.

By the way, please update your timeline.

[raymaga 25]

I was given emergency AP because my mother was ill and I needed to return to Canada to get her into a nursing home after she was released from the hospital. I took a letter from her doctor stating her condition and that it was necessary for me to come to Canada as soon as possible to get my mother settled. The doctor faxed his letter to me. I was given the AP the same day as my InfoPass appointment.

If your aunt is ill, maybe you could try the same approach.

I know they will not issue emergency AP for situations like yours. Like a previous poster said, couldn't you get a friend or family member to move your things for you and then you could go back after you receive your AP?

Best wishes.

[Bobby+Umit 161]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage. Recently I got my social security card and employment card which allow me to work if I can get a job. I now very much what to go home to my country Singapore, to meet my family especially my old auntie which is like a mother to me, she being my mother's sister. Also very important I need to settle issues about my apartment which is sold and I need to surrender the keys and pack all my personal stuff from the apartment. I need to go home to the country that has always been a part of me before I decided to consider USA as my second country and home. I am also very homesick.

I am dissappointed that the lawyer did not include I131 together with the I485 application, so about 2 weeks ago we mailed I131 application. I call USCIS and they advise me to make appointment at INFOPASS. So I made appointment at local INFOPASS to explain my need personal and legal about going back to my home country for few weeks only. The guy at INFOPASS surprise me with his insensitive attitude, clearly dont care unless I can produce a death situation. Although I showed him all the documents I have and confirmed that I have applied for I131 but a week ago, I beg for him to look into it for a quick travel document so I can go home by end May or June 2009.

He said I just have to wait. There is nothing he is willing to provide. I tearfully called USCIS again, they cannot seen it in the system for receiving my I131, so I have to wait. Post office mail check confirmed my form is received into the box of Chicago office over a week ago. Now I am worried that my application is not keyed into the system for some weeks later and waiting for long for the receipt of application.

I am nervous that by May 09 I still will not get a travel document to book ticket and inform my family of my trip home. I may have to leave because I cannot have my stuff thrown out of my old apartment. Then this will end my marriage.

What should I do?

There is nothing you can do. The instructions for AP state that it's to be used for compelling emergency travel only. A lot of people do not realize it says that, and if you get someone (which it seems you did) that follows the instructions, they can deny your request.

From what you listed, you do not fall under this statement in the instructions.

It can take up to 90 days to get your AP. You are cutting it close for that May date.

If you leave before the AP, your AOS is over, and you will have to restart the whole process over. You will lose any money sent so far, and delay your case even more. I would not recommend this. How this would affect your marriage, I don't know, but each person has there own outlook on life and indeed marriage.

Can't your family pack your items and finish the apartment sale? Once you get your AP, you will be free to travel.

[azone 0]

I have no parents, and my siblings are old, weak and fully occupied with their life. Nobody is able to sort everything of stuff from the pieces of papers to the biggest furniture. Nobody can be concern to handle my belongings of my life. Only myself can I sort to keep, throw, store etc of my housefull of items. The other possiblity is all will be trash by strangers who can get it out. It is legal requirement that I vacate the apartment properly. Now I live with only about two and half suitcases of personal effects, my other clothes, papers, books are part of who I am.

I need to do some application about local housing in my country and I must be present personally to apply. It is legal requirement.

My aunt is over 80 years old, she had been admitted few times in hospital. Now she has to go for regular check up at hospital. At this stage anything can happen. She request that I come home and see her whenI speak to her on phone, but I cannot explain clearly enough to her about me not able to, at this moment at least.

I understand that that if I travel out without travelling document before greencard, I will not be allowed to come back into USA for several years. My husband and I had argument on that, he selfishly ask me to forget everything my roots - stuff and people. USA has been home for me for over a year, but Singapore has been my home all my life. I want to go home and then continue with my marriage if I am allowed to come back.

[Dakine 26]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage. Recently I got my social security card and employment card which allow me to work if I can get a job. I now very much what to go home to my country Singapore, to meet my family especially my old auntie which is like a mother to me, she being my mother's sister. Also very important I need to settle issues about my apartment which is sold and I need to surrender the keys and pack all my personal stuff from the apartment. I need to go home to the country that has always been a part of me before I decided to consider USA as my second country and home. I am also very homesick.

I am dissappointed that the lawyer did not include I131 together with the I485 application, so about 2 weeks ago we mailed I131 application. I call USCIS and they advise me to make appointment at INFOPASS. So I made appointment at local INFOPASS to explain my need personal and legal about going back to my home country for few weeks only. The guy at INFOPASS surprise me with his insensitive attitude, clearly dont care unless I can produce a death situation. Although I showed him all the documents I have and confirmed that I have applied for I131 but a week ago, I beg for him to look into it for a quick travel document so I can go home by end May or June 2009.

He said I just have to wait. There is nothing he is willing to provide. I tearfully called USCIS again, they cannot seen it in the system for receiving my I131, so I have to wait. Post office mail check confirmed my form is received into the box of Chicago office over a week ago. Now I am worried that my application is not keyed into the system for some weeks later and waiting for long for the receipt of application.

I am nervous that by May 09 I still will not get a travel document to book ticket and inform my family of my trip home. I may have to leave because I cannot have my stuff thrown out of my old apartment. Then this will end my marriage.

What should I do?

Call your Senator

[Bobby+Umit 161]

I have no parents, and my siblings are old, weak and fully occupied with their life. Nobody is able to sort everything of stuff from the pieces of papers to the biggest furniture. Nobody can be concern to handle my belongings of my life. Only myself can I sort to keep, throw, store etc of my housefull of items. The other possiblity is all will be trash by strangers who can get it out. It is legal requirement that I vacate the apartment properly. Now I live with only about two and half suitcases of personal effects, my other clothes, papers, books are part of who I am.

I need to do some application about local housing in my country and I must be present personally to apply. It is legal requirement.

My aunt is over 80 years old, she had been admitted few times in hospital. Now she has to go for regular check up at hospital. At this stage anything can happen. She request that I come home and see her whenI speak to her on phone, but I cannot explain clearly enough to her about me not able to, at this moment at least.

I understand that that if I travel out without travelling document before greencard, I will not be allowed to come back into USA for several years. My husband and I had argument on that, he selfishly ask me to forget everything my roots - stuff and people. USA has been home for me for over a year, but Singapore has been my home all my life. I want to go home and then continue with my marriage if I am allowed to come back.

I can't speak for your husband, but what visa did you come to the US on? K-1? Visitors?

You didn't fill out your timeline, so it's hard to make any suggestions.

[JERIII 8]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage.

What should I do?

I'm not qualified to say anything about this, but I wanted to point the sentences above out, so more experienced VJs might say something. Isn't the poster likely to incur a ban if she leaves the US, even if she gets an AP document?

[Bobby+Umit 161]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage.

What should I do?

I'm not qualified to say anything about this, but I wanted to point the sentences above out, so more experienced VJs might say something. Isn't the poster likely to incur a ban if she leaves the US, even if she gets an AP document?

Yes, unknown how much, since the length of authorized stay is not known. Minimum 3 years, maximum is 10 years.

Again, depends on the person looking over the case/entry. If they play hardball, uh oh.

[Jon&Lindsey 0]

I'm sorry about your situation, but personally I would not travel on AP even if received, since if you say you have been here for over a year (arrived, married, applied for AOS a year after marriage, and now this is some time later?) then you will surely have overstayed a visitor's visa long enough to be banned if you try to re-enter. The ban is 3 years for 180 days out of status, and 10 years for a year out of status. I guess it's about deciding what is more important to you, going back to your aunt or staying with your husband, it seems unreasonable for him to say you should forget everything about your life prior to marriage.

A couple of ideas - if you have recently got your EAD, then your interview and GC (assuming approval!) may not be that far away, maybe even before the AP is approved, in which case you are good to go. If you receive an interview notice and take evidence that you need to return home ASAP (like medical info on your aunt) you could ask for a temporary GC stamp in your passport, which would allow you to leave immediately and know you will be fine coming back. Also, maybe you can find some kind of paid service that will take care of your possessions in Singapore - for example, I saw something called 'Your man in India' (or words to that effect) for expat Indians needing stuff done in India - maybe there is a similar service operating in Singapore which could help you? Best wishes

[scandal 951]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage.

What should I do?

I'm not qualified to say anything about this, but I wanted to point the sentences above out, so more experienced VJs might say something. Isn't the poster likely to incur a ban if she leaves the US, even if she gets an AP document?

I'm not reading anything sinister there.

The OP entered the US on a visitor visa - no problem there.

She met and married her husband in the US - no problem there.

Since she entered without intent to stay and immigrate, there is no attempt at fraud.

Once in the US and married, they determined to do AOS and have her stay - again, no problem there.

The current status seems clear and unproblematic. The only problem will be if she leaves before AP, and then risks losing her current status and needing to start over again. Even in that case, there should be no risk of an immigration ban.

[Jon&Lindsey 0]

I came visiting visa and married my husband here. Times were difficult and we applied for greencard status after almost a year of our marriage.

What should I do?

I'm not qualified to say anything about this, but I wanted to point the sentences above out, so more experienced VJs might say something. Isn't the poster likely to incur a ban if she leaves the US, even if she gets an AP document?

I'm not reading anything sinister there.

The OP entered the US on a visitor visa - no problem there.

She met and married her husband in the US - no problem there.

Since she entered without intent to stay and immigrate, there is no attempt at fraud.

Once in the US and married, they determined to do AOS and have her stay - again, no problem there.

The current status seems clear and unproblematic. The only problem will be if she leaves before AP, and then risks losing her current status and needing to start over again. Even in that case, there should be no risk of an immigration ban.

The ban would be because the OP will have had out of status timed accrued between the visitor's visa authorized stay period expiring and filing AOS, since she waited over a year to file after her marriage (I am unsure of the exact length as we do not know the timeline, but a visitor's stay would have expired before a year). No one is saying there is fraud, just that she has had time out of status, just like when anyone entering on any other kind of visa overstays the period they are allowed.

[JERIII 8]

azone-

One other thing, since you used a lawyer, you should talk to him or her. It is possible that s/he didn't send the I-131 because s/he knew that you could not use it without being banned. Check with the lawyer.

[Boiler 45,952]

3 year ban if she leaves before AoS.