Spouse left country on emergency without advane parole

[ariesgirl1970 0]

My husband came here on a K1 visa, we married and had started filing for Adj. of Status. Some unfortunate news came in regards to a family member back in the UK and he needed to fly there, (close family member is gravely ill, and he is able to get documentation in regards to medical emergency). He cancelled the check from the AOS to help pay for his flight and flew home before the AP was processed. Now we are stymied on how we can fix the situation to get him back home.

I had called USCIS to ask what we should do. Was told by an agent to refile the AOS, wait until the Advance Parole is granted, mail it to him in the UK and he would be able to come back to the states. I dont know if that would work because he isnt in the country to do the biometerics for the AOS. Not sure if it is needed to get the advance parole. I sent out for an Infopass appt to speak with an officer at immigration to see if we are able to reapply for AOS, or do we now have to do a CR-1 for spouse, or speak to an immigration lawyer to help rememdy our situatio?. I am sure a situation like this has happened before, please any insights are desperately accepted.

[ATPEACE 43]

The only option is the CR1. Nothing else will work.

This situation happens more than I can count, I don't get it but I guess he did what he wanted to do. Now, he is stuck back in UK for the next 9 to 12 months.

Edited June 22, 2011 by ATPEACE

[Harsh_77 718]

I agree with previous poster, only option you have now is go CR1 route. He cannot do AOS since there is no status to adjust anymore.

[Harpa Timsah 13,258]

K-1 is a one-time use visa, and now that you are married, you will need a spousal visa. You might try to get your CR-1 expedited based on USCIS error - they told you you could leave and come back, which isn't the case. Best of luck to you.

[canadian_wife 1,829]

they'll have record of when he left the US and when advanced parole was issued. They'll know he left without the advanced parole

Cr-1 is your only option right now, start today - don't delay

IF, however, you had presented the documentation before he left, you probably could have gotten an emergency AP

Good luck

PS - the only problem with expediting based on USCIS error is how do you prove the converstaion happened? Did you get the employee number of the person you talked to?

I could tell them that USCIS said I could have my citizenship after 6 days in the US, unless I can prove that happened it doesn't mean anything

[stronger 43]

He should have gone to local office and have them stamp passport for re-entry. They will do it with family emergencies. They just want you to ask permission first.

[ATPEACE 43]

This new post of information does not agree with the post in May.

http://www.visajourney.com/forums/topic/310703-dissolution-of-marriage-without-filing-adj-of-status/page__p__4674121#entry4674121

The AOS was voided back in May according to your post.

[ariesgirl1970 0]

This new post of information does not agree with the post in May.

http://www.visajourney.com/forums/topic/310703-dissolution-of-marriage-without-filing-adj-of-status/page__p__4674121#entry4674121

The AOS was voided back in May according to your post.

We did have some issues back in May and things were shaky, but had since cleared it up. The paperwork was sent back from the

USCIS stating we could refile with the sufficient funds. We were going to refile the AOS, but he recieved word from the UK his grandmother who raised him is in the end stages of Alzheimers keeps asking for him (he is the only person she remembers) and is refusing to eat. He was compelled to go back so she didnt pass alone, against better judgement. Point is....This marriage has NOT ended and I want my husband back home with me. I just want to know how to make that possible. Thanks

[* Kristin * 49]

CR1 is your only option. Same thing happened to SharainCali on here, if you want to reach out to her.

My husband came here on a K1 visa, we married and had started filing for Adj. of Status. Some unfortunate news came in regards to a family member back in the UK and he needed to fly there, (close family member is gravely ill, and he is able to get documentation in regards to medical emergency). He cancelled the check from the AOS to help pay for his flight and flew home before the AP was processed. Now we are stymied on how we can fix the situation to get him back home.

I had called USCIS to ask what we should do. Was told by an agent to refile the AOS, wait until the Advance Parole is granted, mail it to him in the UK and he would be able to come back to the states. I dont know if that would work because he isnt in the country to do the biometerics for the AOS. Not sure if it is needed to get the advance parole. I sent out for an Infopass appt to speak with an officer at immigration to see if we are able to reapply for AOS, or do we now have to do a CR-1 for spouse, or speak to an immigration lawyer to help rememdy our situatio?. I am sure a situation like this has happened before, please any insights are desperately accepted.

[jkminney 30]

I had nearly the exact same circumstances except we chose not to get married before he left. He did come back and we got married but returned for us to file the CR1. The process seems to be moving along pretty smooth right now. But the CR1 was the only option for us and I believe it to be the same in your case.

[JoannaV 174]

Send in the I-130 today. Don't waste another day.

The two of you will be able to visit each other whilst waiting. Of course, if this isn't a financial possibility, at least there is the possibility of your spouse working a bit in the UK. It sucks that you have to go through a whole other visa process, but it is what it is so do your best to move forward.

[Ironman140 45]

Can't he use the VWP to return and do a CR1 here ???

If The POE let's him in of course. But if he has proof why he left they may do it .

[canadian_wife 1,829]

Can't he use the VWP to return and do a CR1 here ???

If The POE let's him in of course. But if he has proof why he left they may do it .

if admitted he can enter on the VWP and start the Cr-1, he'll obviosly have to finish in the UK as entering on the VWP with intentions of adjusting status is illegal

Good luck

[Ironman140 45]

Thanks

Just an option for them I wanted to throw out. To cut down on the separation time. We all know that's the toughest part

Being apart.

if admitted he can enter on the VWP and start the Cr-1, he'll obviously have to finish in the UK as entering on the VWP with intentions of adjusting status is illegal

Good luck

[Deputy Purple 1,294]

Can't he use the VWP to return and do a CR1 here ???

If The POE let's him in of course. But if he has proof why he left they may do it .

First, if he's already in the US then there is no "CR-1" as CR-1 is a Visa used for entry, it would be another AOS application. I wouldn't recommend this though as he has clear immigrant intent.

If he's asked about intending to stay and he says no at POE they'll probably set him up for Misrepresentation. If he says yes they won't admit him to the US.

The LEGAL route is file an I-130 NOW and go through the CR-1 Consular processing in the UK.

FWIW, recommending he use VWP to enter and adjust violates VJ's TOS.