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RobinReumers

I-131 but I-485 just denied traveling

By RobinReumers in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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RobinReumers Newbie

RobinReumers   0

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Filed: AOS (pnd) Country: Belgium
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Hi,

In February this year I applied for a I-131 since I wanted to visit my family in Belgium. In April I got an approval so I scheduled my flight for this coming Saturday. However, yesterday me and my US wife got a letter in the mail saying my I-485 got denied because we missed the interview appointment on April 30th (even though we never got a notice of this in the mail). So now I have to file an appeal for this so we can hopefully reschedule the interview. Now my question is if it would still be safe to leave the country and get back in and if it would matter if my US wife would travel with me or not.

Please give me your opinions on what I should do.

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Catt Collaborator

Catt   6

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Filed: AOS (apr) Timeline
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Hi,

In February this year I applied for a I-131 since I wanted to visit my family in Belgium. In April I got an approval so I scheduled my flight for this coming Saturday. However, yesterday me and my US wife got a letter in the mail saying my I-485 got denied because we missed the interview appointment on April 30th (even though we never got a notice of this in the mail). So now I have to file an appeal for this so we can hopefully reschedule the interview. Now my question is if it would still be safe to leave the country and get back in and if it would matter if my US wife would travel with me or not.

Please give me your opinions on what I should do.

Hi Robin,

Because of the denied I-485, I would by no means get on a plane and leave the US right now.

If you really want to leave (to attend a wedding or something), I would at the very least file the appeal first AND try and get an infopass appointment to ask CIS directly (and if you do have approval to travel and come back, notwithstanding the denial on I-485, get that on paper).

But even in the case of a wedding ... I would not travel frankly.

So sorry for you. CIS timing really sucks, considering your plans.

groetjes

Cat

Website US Department of State, Consular Affairs Bureau: http://travel.state.gov/visa/immigrants/info/info_1339.html

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JERIII Enthusiast

JERIII   8

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Filed: Citizen (apr) Country: Moldova
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Hi,

In February this year I applied for a I-131 since I wanted to visit my family in Belgium. In April I got an approval so I scheduled my flight for this coming Saturday. However, yesterday me and my US wife got a letter in the mail saying my I-485 got denied because we missed the interview appointment on April 30th (even though we never got a notice of this in the mail). So now I have to file an appeal for this so we can hopefully reschedule the interview. Now my question is if it would still be safe to leave the country and get back in and if it would matter if my US wife would travel with me or not.

Please give me your opinions on what I should do.

Sorry to hear about your problem.

Your I-131 is a benefit based on your application for adjustment of status. When that was denied, your AP (and your EAD) became invalid. If you leave the US, you won't be able to use the AP. You might get back in on the Visa Waiver Program, but then you would have other big problems. Unfortunately, it looks like you need to stay and straighten this out.

Before you file an appeal, I think you should make an immediate infopass appointment and explain that you never got the interview letter. Some people on VJ have reported that his had made the problem go away. (If they are willing to reschedule, ask about the AP.)

Good luck.

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Gary and Alla Grand Master

Gary and Alla   3,694

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Filed: Citizen (apr) Country: Ukraine
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Posted
Hi,

In February this year I applied for a I-131 since I wanted to visit my family in Belgium. In April I got an approval so I scheduled my flight for this coming Saturday. However, yesterday me and my US wife got a letter in the mail saying my I-485 got denied because we missed the interview appointment on April 30th (even though we never got a notice of this in the mail). So now I have to file an appeal for this so we can hopefully reschedule the interview. Now my question is if it would still be safe to leave the country and get back in and if it would matter if my US wife would travel with me or not.

Please give me your opinions on what I should do.

IF you applied for the AP with the I-485 I would be very careful about going out of the USA right now. Typically anything derivitive of the I-485 is also cancelled, and even if you have the AP in hand it does not mean she will be allowed back into the USA. The AP is a "request" to be allowed permission to re-enter and complete the AOS process. Since the AOS process is, presently, cancelled I would assuem the AP is no longer valid and you could have trouble re-entering the USA. I would not be leaving without clearing this up. Perhaps you can get an infopass appointment at the local office.

Yes, it will matter if she travels with you. SHE would be the one having the problem, not you, the US citizen. You can travel and return all you like.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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TBoneTX Grand Master

TBoneTX   45,329

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Filed: Citizen (apr) Country: Ecuador
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Hi,yesterday me and my US wife
Yes, it will matter if she travels with you. SHE would be the one having the problem, not you, the US citizen. You can travel and return all you like.
My reading is that the OP is the foreign spouse.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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RobinReumers Newbie

RobinReumers   0

Posted
Filed: AOS (pnd) Country: Belgium
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Posted
Hi,yesterday me and my US wife
Yes, it will matter if she travels with you. SHE would be the one having the problem, not you, the US citizen. You can travel and return all you like.
My reading is that the OP is the foreign spouse.

That is correct, I am the foreign spouse.

Thanks all for your help.

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sasaqlain Proficient

sasaqlain   24

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Filed: Citizen (apr) Country: Pakistan
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Even if all was well, I wouldn't use the AP since it doesnt guarantee re-entry. Since your I-485 stands denied(as per USCIS) your AP is no longer valid. You WONT be allowed back in. Unless you sort it out with USCIS. My advice: Infopass. DONOT LEAVE Until your interview is conducted and based on the outcome, plan your trip accordingly.

IR5 For Parent

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