Left USA while AOS

[Gary and Alla 3,694]

There isn't a lot you can do at this point except start over with a CR1. The rules of the visa are pretty specific about it being good for a single entry. If she left without receiving permission before in the form of AOS or emergency advance parole then the K1 is void and you are looking at a new process. Has she already been refused entry ?

Not true.

Make an infopass appointment and take your I-797C notice from filing the AOS. They can issue an emergency AP and send it to the consulate in Viet Name for her to pick up. Notice I said "can" not "will". It is not guarnateed. What she did was really dumb, no getting around that, but maybe you can save her from herself (and you are innocent either) You'd best pay attention to how this works or you will be repeatedly shooting yourself in the foot. If you do not understand it...pay someone that does.

If that doesn't work, or if being in the "AOS process" means you were still filling out the papers and hadn't sent them yet and the I-797C does not pre-date her exsiting the US...tell her to get comfortable in VN while you file a CR-1 and she will be back here in 10-12 months.

[Gary and Alla 3,694]

Did she file for and receive an Advance Parole with the AOS application? If not, then when she left the US authorities will have considered her to have abandoned her AOS application. She will not be able to return to the US as she no longer has a valid visa or travel document on which to enter. You will need to start the immigration process over again from the beginning, this time applying for the CR-1 or the K-3 visa (CR-1 is recommended as cheaper and a better value even though it is slightly longer right now).

I'm sorry that you are facing this challenge. Good luck to you both.

no, not yet, all i did was just send I-485 I figure that if she ever need to go any where as soon she got the green card then she would be able to, I tried to tell her she doesn't want to listen she just do what she wants. , and every time she do some thing like this I am the one always getting stuck.

Well, now she is stuck...in Viet Nam. Take the receipt for the I-485 and make an info pass appointemnt, there is a good chance they will send her an AP in Viet Nam

And bring a passport photo of her with you. If that doesn't work, before filing the CR-1 consider getting another woman that listens to directions.

Edited November 13, 2009 by Gary and Alla