What next????

[juanpablo 0]

Hi everyone, I was hoping someone can guide me in the right direction.. .. My situation is as follows:

My wife entered the USA with me on a k-1. Once we entered the country we immediately got married within the 90 day perdiod. We had an unfortunate event where my wife had to return to south america for a famly emergency. We did not get a chance to submit forms to change status for permanent residency.

Since she left a couple of days ago and her visa was only good for one entry what do i do? Can I apply for her permanent residency from here? Since we are already married can I apply for permanent residency? What forms would I need?

I appreciate any information anyone can help me with.

Thanks

JP

[de&a 0]

Hi everyone, I was hoping someone can guide me in the right direction.. .. My situation is as follows:

My wife entered the USA with me on a k-1. Once we entered the country we immediately got married within the 90 day perdiod. We had an unfortunate event where my wife had to return to south america for a famly emergency. We did not get a chance to submit forms to change status for permanent residency.

Since she left a couple of days ago and her visa was only good for one entry what do i do? Can I apply for her permanent residency from here? Since we are already married can I apply for permanent residency? What forms would I need?

I appreciate any information anyone can help me with.

Thanks

JP

We had a similar situation. I don't know if you can still apply for the adjustment of status now that she left or not. My guess is no.

What we are doing to get her back in the US is filing for the CR-1 visa which should keep us from doing much more paperwork after she returns.

[rebelheart 0]

Hi everyone, I was hoping someone can guide me in the right direction.. .. My situation is as follows:

My wife entered the USA with me on a k-1. Once we entered the country we immediately got married within the 90 day perdiod. We had an unfortunate event where my wife had to return to south america for a famly emergency. We did not get a chance to submit forms to change status for permanent residency.

Since she left a couple of days ago and her visa was only good for one entry what do i do? Can I apply for her permanent residency from here? Since we are already married can I apply for permanent residency? What forms would I need?

I appreciate any information anyone can help me with.

Thanks

JP

We had a similar situation. I don't know if you can still apply for the adjustment of status now that she left or not. My guess is no.

What we are doing to get her back in the US is filing for the CR-1 visa which should keep us from doing much more paperwork after she returns.

As some info's say its like abondonement of status... u left US without applying for AOS and achieving AP or advance parole.

All i cud read for some poeple info's are like you need to re-apply for K3 or CR-1. gudluck

[luv2teach77 41]

If a K-1 visa holder who has got married within 90 days, leaves the US before being granted either Advanced Parole (permission to travel) or their Green card, they will invalidate their K-1 and will require a spousal visa to gain entry back into the US. If she had left before you'd got married then you would have also had the K-1 as an option but as you are now married it will have to be one of the spousal visas (K-3, CR-1, DCF).

Applying for her AOS before she left would not have prevented the problems you now face. The only document that would have allowed her to leave the US before being granted her green card would have been Advanced Parole. This is applied for in conjunction with AOS and allows a K-1 holder with a pending AOS application to travel outside the US without abandoning their AOS application. Emergency AP is also available to people with family emergencies etc..

It is not going to be possible to apply for her AOS now that she has left the US. She will almost certainly be denied entry if she attempts to come back into the US.

Best of luck with everything

Mark