Worried / Advanced Parole

[shikarnov 7]

I know I've been remiss in my posting in this forum as of late, but if I could draw your attention here ( http://www.visajourney.com/forums/index.ph...234307&st=0 ), your thoughts would be appreciated.

Thanks,

Z

[Neonred 3,564]

Don't worry, 3 years goes by kind of fast. You'll enjoy the peace and quiet....

Actually I don't think you will have any problem.

Edited December 28, 2009 by Neonred

[shikarnov 7]

Actually I don't think you will have any problem.

I sure hope you're right. And that other people -- some of whom may have gone through this -- also agree with your assessment.

Thanks.

[slim 1,525]

As long as she's carrying a copy of your marriage certificate along with her AP and passport, she shouldn't have any problem at all. AP is exactly what allows her to get in and out - NOT THE GREEN CARD!

Think of it this way - if she had the green card already, she wouldn't need AP!

Not that she has to have a marriage certificate either, but that is proof that she has a right to stay in the U.S., regardless of her visa status. Taken along with her AP she's also allowed to go and come back.

I wouldn't worry about this too much other than the fact that now you have a wife who doesn't want to listen to you. Welcome to the club!

[shikarnov 7]

I wouldn't worry about this too much other than the fact that now you have a wife who doesn't want to listen to you. Welcome to the club!

Well, at issue, Slim, is the time between the I94 expiration and the first AOS notice of action (which, due to logistical and financial circumstances, totals 340 days) during which she was, according to some sources, "out of status" for longer than 180 days and thus illegal. I sure hope it's as simple as "don't worry about it."

Edited December 28, 2009 by shikarnov

[shikarnov 7]

I just asked one of those online attorneys...

Me:

My wife's arrived in the US on a K1 visa, and we were married within the 90 day period defined. Her I94 expired in August of 2008, and we didn't file for AOS until July of 2009. The AOS process is proceeding normally. With her AOS, she applied for Advance Parole, which was granted, and plans to travel to her home country (Russia) via JFK airport. Her return date is February 1, 2010. Is she likely to be granted admission back into the US?

Him:

She must NOT travel. She was out of status longer than 6 months. This means that she could be barred from entry for 3 years or more. I would STRONGLY suggest waiting until her green card is granted. I don't think it will take longer than another month or two. I'm sorry that this is probably not what you want to hear, but it is my legal opinion and the only way to be safe.

Me:

If a K3 process is started while she is away (abandoning the current AOS proceeding), will she still fact trouble being admitted on that visa (or is she likely to be denied a K3)?

Him:

She would be denied. This is why I say she must NOT travel. I repeat, she must NOT travel. Have her finish everything here in the U.S. If not, she could be kept out for 3 or even 10 years.

######.

[Neonred 3,564]

Sorry. Kind of dumb that they send you an AP that can't be used to successfully reenter the country.

[clueless_in_usa 8]

Sorry. Kind of dumb that they send you an AP that can't be used to successfully reenter the country.

What's the hurry to go to Russia? If she waited this long, why can't she wait one or two more months?

I have done everything on time so far, and I already told my wife that she's not going outside the USA with a piece of paper (AP). Instead, she MUST wait for her GC. She agreed!

[shikarnov 7]

What's the hurry to go to Russia? If she waited this long, why can't she wait one or two more months?

I have done everything on time so far, and I already told my wife that she's not going outside the USA with a piece of paper (AP). Instead, she MUST wait for her GC. She agreed!

Well, my wife hasn't assimilated very well so far. She hasn't found work, she hasn't found a social circle. I've tried to get her involved in things; but even in volunteer positions, there's not much out there for somebody with no skills and zero direction. As a result, she stays at home and marinates in boredom and nostalgia for better times with her family.

It was also a big deal for her to be home for the New Year, and she'd been looking forward to it ever since I (idiotically) estimated that her AOS process should be finished by now. When that started to look less likely, we began considering Advance Parole more, and most of what I'd read indicated that it was pretty safe (although I'd been wary about it all along).

So, pretty much everybody's been jacked up for a long time about a New Year's homecoming.

Edited December 28, 2009 by shikarnov

[shikarnov 7]

Well, to close the loop, my wife decided to stay here until AOS is done. Luckily, Delta is letting us use the money spent toward another ticket in a few months. Nobody's happy, but everybody is safe. No multi-year bans in this petitioner's future.

Thanks to all of you for your help, advice, and ear.

Z

[slim 1,525]

Well, at issue, Slim, is the time between the I94 expiration and the first AOS notice of action (which, due to logistical and financial circumstances, totals 340 days) during which she was, according to some sources, "out of status" for longer than 180 days and thus illegal. I sure hope it's as simple as "don't worry about it."

Out of status is well and good for business visas, student visas, etc., but when someone is married to a USC, their status changes and they now have a right to stay in the U.S. indefinitely, even without ever filing for AOS. The day you got married her I-94 was invalidated anyway because she then was staying in the U.S. as a wife, not as a 90-day visitor. The K-1 is kind of a weird animal in that it's an immigrant visa in a non-immigrant visa package. Marriage changes it from non-immigrant to immigrant so when you got married, she became an immigrant.

AP grants immigrants travel to and from the U.S. She got AP based on marriage to a USC and filing for AOS.

So, by all accounts, your wife is good to go.

Another option (and maybe it's too late now) would be to have her fly over there and stay for a few months until her green card arrives. If she's done biometrics already and the card's been ordered, she could travel abroad and you could FedEx her green card to her. I'd also recommend having her stay there for an extended period. If she's here and not liking it too much, maybe being back there for several weeks or months will help her make her mind up that life here isn't for her or it's not that bad and she can't wait to get back. If I had the money my wife would've been on that trip already... but, as you already know, it's kind of hard to send unemployed people overseas for extended periods of time when they're doing absolutely nothing to contribute to the cost.

[Richard90027 1]

What's the hurry to go to Russia? If she waited this long, why can't she wait one or two more months?

I have done everything on time so far, and I already told my wife that she's not going outside the USA with a piece of paper (AP). Instead, she MUST wait for her GC. She agreed!

I thought you had not yet filed you AOS

http://www.visajourney.com/forums/index.ph...=234340&hl=

[1HappyGuy 45]

The AP should have been good for her to travel, but since you have both decided to delay that trip until she receives her green card, that should make both of you at ease.

You now have a good case for why someone should apply for AOS as soon as possible. We all understand about the difficulties of paying for this, but the result is better for all parties.

In the mean time, try to find some people that speak your wife's language, preferably happily married couples. It sounds like she is suffering from severe depression of being separated from her familiar surroundings. Maybe a trip for New Years to an area that has a good size population of Russian speakers will help get her out of her depression.

[shikarnov 7]

In the mean time, try to find some people that speak your wife's language, preferably happily married couples. It sounds like she is suffering from severe depression of being separated from her familiar surroundings. Maybe a trip for New Years to an area that has a good size population of Russian speakers will help get her out of her depression.

I'm game for just about anything, but I have to admit to being somewhat at a loss. She doesn't approve of groups formed specifically for socialization (it sounds too desperate to her mind), so finding people with similar interests is tough. She also thinks religious people are nutjobs, so that knocks out every Russian Orthodox Church community in the area. She doesn't understand volunteerism or philanthropy, and so doesn't understand why she should "have to" work for free doing something she wouldn't do normally (but I encounter that attitude all the time on vKontakte all the time from Russians). She wants to form "organic" relationships. But everything I attempt to setup seems like a contrivance to her.

I'd be happy to try any specific suggestions anybody has at this point.

Edited December 29, 2009 by shikarnov

[mox 298]

She doesn't understand volunteerism or philanthropy, and so doesn't understand why she should "have to" work for free doing something she wouldn't do normally (but I encounter that attitude all the time on vKontakte all the time from Russians). She wants to form "organic" relationships. But everything I attempt to setup seems like a contrivance to her.

I'd be happy to try any specific suggestions anybody has at this point.

Don't misunderstand an unwillingness to do something with not understanding. There is volunteerism in Russia, albeit on a much smaller scale than the West. Hell, the Soviet Union was practically run on compulsory volunteerism. She understands the concept, she just doesn't want to do it.

The ball is firmly in her court. You've presented a pretty wide array of things for her to keep herself busy, and she's come up with an excuse for each one of them. You're not facing a cultural thing, you're facing stubbornness. She has to want this, and she has to realize that you don't have a magic wand that's just going to make her happy. Right now she's probably sitting back waiting for you to come up with yet another idea that finally might sound appealing to her. Let her know you're all out of ideas, start going through all the options again, and answer any questions or concerns she has the best you can. It's all well and good to be delicate during the adjustment period, but at some point she has to show some motivation. I speak from experience.