Thinking of leaving....think again.

[TBoneTX 45,591]

If people come here, post one question in one thread, get 3-4 answers, and take action based only on those answers, then quite frankly, they're doing it wrong. When I first came here and was trying to figure stuff out for our I-129, and later for my visa application, I didn't even bother posting my own questions. I would just read every single thread that Search could turn up for me of anything even vaguely related to my area of inquiry. That way you develop a real understanding, based on dozens of informed opinions, not just the two or three who were answering questions on that particular day.

That's why whenever I answer someone's question these days, I always try to state my full reasoning, and overanswer the particular question. I'm not so much thinking of the individual questioner (though they do seem to appreciate detailed responses), I'm thinking of everyone who will come after, search on terms related to that thread, and find that thread.

This post needs to be PINNED atop every forum, si man, and YOU need to answer as many posts as possible because of your sensibility and impeccable literacy, si man. How's that for reawakening a so-called "killed" thread, si man?

[HeatDeath 430]

Thank you. I appreciate that a lot.

[belinda63 3,039]

Well Heat you said it all as well as anyone could.

A K-1 visa is a one time entry visa, once used it is no longer valid (they drew a big line through my husband's K-1 visa when he arrived). Don't leave the country until you have your AP in hand, if you have an emergency schedule an info pass appointment and obtain emergency AP PRIOR to leaving, Better yet don't leave the country if possible until you have the Green Card in hand. Make sure you are aware of all the laws since being absent from the US for an extended period of time even with the Green Card can be construed as abandonment of LPR status.

As to the topic as hand only thing I can suggest is outside an act of God they will have to file for a spousal visa and wait until it is approved.

[Bobby+Umit 161]

Well Heat you said it all as well as anyone could.

A K-1 visa is a one time entry visa, once used it is no longer valid (they drew a big line through my husband's K-1 visa when he arrived). Don't leave the country until you have your AP in hand, if you have an emergency schedule an info pass appointment and obtain emergency AP PRIOR to leaving, Better yet don't leave the country if possible until you have the Green Card in hand. Make sure you are aware of all the laws since being absent from the US for an extended period of time even with the Green Card can be construed as abandonment of LPR status.

As to the topic as hand only thing I can suggest is outside an act of God they will have to file for a spousal visa and wait until it is approved.

Add on to that - even if you are granted the AP, make sure you do not have any overstay (180+ days) - you would be subject to the ban upon re-entry into the US.

[Eric-Pris 1,607]

Don't leave the country until you have your AP in hand, if you have an emergency schedule an info pass appointment and obtain emergency AP PRIOR to leaving, Better yet don't leave the country if possible until you have the Green Card in hand.

That sounds easy, but when you get a phone call that your parent or sibling is dying, what's more important, saying goodbye to a loved one, or waiting for paperwork or Infopass and then regretting not seeing your relative before they died?

[Wis-Can 0]

That sounds easy, but when you get a phone call that your parent or sibling is dying, what's more important, saying goodbye to a loved one, or waiting for paperwork or Infopass and then regretting not seeing your relative before they died?

I agree with you. I know my friend is someone who wears her heart on her sleeve. I know the minute she got the call, she dropped everything. She was very close to her brother. Its easy to say think about everything first...but honest, some of us can't.

[HeatDeath 430]

Its easy to say think about everything first...but honest, some of us can't.

Sadly, the world is rarely kind to those people...

[msu17 0]

That sounds easy, but when you get a phone call that your parent or sibling is dying, what's more important, saying goodbye to a loved one, or waiting for paperwork or Infopass and then regretting not seeing your relative before they died?

Then you need to be prepared to deal with the consequence of your action. There is a procedure to help people in that situation that can let them legally leave within a day or two. if they chose not to follow that legal course, they need to accept the ramifications of their decision. My husband and I both knew what to do if an emergency came up and knew what we would do if something did occur.

[Wis-Can 0]

Then you need to be prepared to deal with the consequence of your action. There is a procedure to help people in that situation that can let them legally leave within a day or two. if they chose not to follow that legal course, they need to accept the ramifications of their decision. My husband and I both knew what to do if an emergency came up and knew what we would do if something did occur.

You never actually know till you go through it yourself. Being able to leave in a day or two doesn't do a person much good when they are literally saying "hours" left. Being able to see a loved one before they leave this world would be more important to me and I'd be on the first plane out and like you said, deal with the consequences later. On a happy note though, when we came back from ice fishing today I had an email from my friend that she's back in the US. I called to find out the details but there was no answer. I'm sure I will hear from her tomorrow.

[*Snowdrop* 604]

That is very true. And one of the reasons that people still deciding between a fiance and a spousal visa need to seriously consider. It was the deciding factor for me in choosing the CR1 over the K1.

I would have loved to have spent my first year of marriage living with my husband rather than separated by the visa process but when it came down to the risk of not being able to fly back instantly to my parents if they needed me there was no real choice for me.

Of course in the end I have not needed to fly back for an emergency - but I couldn't take the risk. I hope threads like this help people still deciding between the two types of visa.

[Wis-Can 0]

That is very true. And one of the reasons that people still deciding between a fiance and a spousal visa need to seriously consider. It was the deciding factor for me in choosing the CR1 over the K1.

I would have loved to have spent my first year of marriage living with my husband rather than separated by the visa process but when it came down to the risk of not being able to fly back instantly to my parents if they needed me there was no real choice for me.

Of course in the end I have not needed to fly back for an emergency - but I couldn't take the risk. I hope threads like this help people still deciding between the two types of visa.

So True!

[msu17 0]

You never actually know till you go through it yourself. Being able to leave in a day or two doesn't do a person much good when they are literally saying "hours" left. Being able to see a loved one before they leave this world would be more important to me and I'd be on the first plane out and like you said, deal with the consequences later. On a happy note though, when we came back from ice fishing today I had an email from my friend that she's back in the US. I called to find out the details but there was no answer. I'm sure I will hear from her tomorrow.

I do know. I didn't say you can't do it or shouldn't do it, just if you do it you need to accept the legal ramifications of it. You make a choice, you live with the consequences. Unfortunately in this situation the consequences suck either way. Glad to hear your friend is back, hopefully she won't have any problems with her AOS.

[featherB 1]

This is a terrible shame to get so far and then have to start all over again.

When I first came over here on my K1 I used to have nightmares that I went home to do something and forgot all about the fact my visa was only valid for one entry. It was awful and I would wake up and be so thankful it was a dream. For this poor person there is no waking up.

Hope they get it sorted out and stay strong if they have to go through the process again.

Luke and Deanna

I had those dreams too.

For this person, I think the only hope (of not having to start again with an immigrant visa) is that it might turn out that the AP was approved before they left the US, and they just don't know about it yet. I think people have managed to get away with that (leaving before receiving their physical AP docs), but if that's not the case, I believe the AOS application is deemed to have been abandoned, and they need to start from scratch.

As someone said below - it really is worth repeating that in emergency situations, emergency advance parole IS available, exactly for cirucumstances such as this. Make an Infopass and be prepared to offer proof of why you need the emergency AP.

[CDAgirlMI 51]

You never actually know till you go through it yourself. Being able to leave in a day or two doesn't do a person much good when they are literally saying "hours" left. Being able to see a loved one before they leave this world would be more important to me and I'd be on the first plane out and like you said, deal with the consequences later. On a happy note though, when we came back from ice fishing today I had an email from my friend that she's back in the US. I called to find out the details but there was no answer. I'm sure I will hear from her tomorrow.

Let us know how she got back in.....I'm really curious to know.

[payxibka 10,045]

Let us know how she got back in.....I'm really curious to know.

and what was her admitted status?