Re-entering with a green card-please help if you know!

[san diego 407]

BTW, I saw another thread on similar situation. In this case fiancee was from UK. They ended up applying for CR1.

[Kaoticor 5]

I cannot advice you what to do. However, you have to be aware of possible repercussions. There are 2 ways:

1) You can re-apply now for CR1. Will take about 9 to 11 months. Pretty much 100% chance of getting it...

Umm... I dont believe CR1 will do any good since overstay has already accumulated and now she is inadmissable for an entry visa. But like others have pointed out, if she physically returns with green card, I would hope that wouldnt present problems. Guess we'll have to wait and see if OP ends up posting result or not.

[Que Saudade 284]

Umm... I dont believe CR1 will do any good since overstay has already accumulated and now she is inadmissable for an entry visa. But like others have pointed out, if she physically returns with green card, I would hope that wouldnt present problems. Guess we'll have to wait and see if OP ends up posting result or not.

Not totally true. A waiver would have to be filed for ban..... If one actually occurs...!

Edited August 31, 2012 by Que Saudade

[san diego 407]

Umm... I dont believe CR1 will do any good since overstay has already accumulated and now she is inadmissable for an entry visa. But like others have pointed out, if she physically returns with green card, I would hope that wouldnt present problems. Guess we'll have to wait and see if OP ends up posting result or not.

There is no overstay. They were applying for AOS as far as I understood... In addition it is easily wavable.. Not fraud..

Edited August 31, 2012 by san diego

[Kaoticor 5]

Not totally true. A waiver would have to be filed for ban..... If one actually occurs...!

If you are referring to the I-601, that would require a whole other process for proving extreme hardship to the US citizen if she was denied entry. Unless you might be talking about something else? And a non-resident has no choice in the matter: if you overstay the specified time period, there is a ban, unless a waiver is filed and approved.

[san diego 407]

Umm... I dont believe CR1 will do any good since overstay has already accumulated and now she is inadmissable for an entry visa. But like others have pointed out, if she physically returns with green card, I would hope that wouldnt present problems. Guess we'll have to wait and see if OP ends up posting result or not.

This is a VERY BAD advice. Please, refrain from advices if you do not understand anything. Oversatay is easily wavable under these circumstances. NOT FRAUD!!

[Kaoticor 5]

There is no overstay. They were applying for AOS as far as I understood... In addition it is easily wavable.. Not fraud..

They are not adjusting from a K1. It appears (unless I misunderstood his original post) that he applied for a I-130.

[san diego 407]

If you are referring to the I-601, that would require a whole other process for proving extreme hardship to the US citizen if she was denied entry. Unless you might be talking about something else? And a non-resident has no choice in the matter: if you overstay the specified time period, there is a ban, unless a waiver is filed and approved.

Yes, I 601. However, it depends on circumstances. Under these circumstances easily done and approved.

They are not adjusting from a K1. It appears (unless I misunderstood his original post) that he applied for a I-130.

Yes, K1. I saw this OP post before. It is K1 adjustment.

[Kaoticor 5]

Yes, I 601. However, it depends on circumstances. Under these circumstances easily done and approved.

Yes, K1. I saw this OP post before. It is K1 adjustment.

Hello all, this my first post-been reading a lot and have a question about my wife's case. Please respond if you or someone you know has been in the same situation (not likely though as I'm seeing everyone's case is unique).

My wife and I had our marriage based AOS interview on Monday. Our lawyer told us that the IO would have a decision on the case at the end of the interview, so my wife had a ticket to leave the country that same day, as we were not really worried about not passing the interview. Turned out name checks hadn't all gone through, so they approved the I-130 but said final approval and the green card would come in the mail. She did not get a stamp on her passport, and she did leave that day. On Wednesday, I checked her application status online and it said that the I-485 was approved and the notice was sent on Tuesday (day after the interview/her leaving). The plan was that I would mail her the green card when it camr so she can get back in the country. Now it's looking like that might be a problem. She did not have AP and was out of status when she left. Will she not be able to get in with the green card? I realize that her leaving may have triggered a 10 year bar and may have caused the AOS application to be considered abandoned, but if she has the green card in hand when she comes back won't that be ok and since she was approved the negatives wouldn't count?

If anyone has had a similar experience, please do not hesitate to reply. Any info is tremendously appreciated!! Thank you!

This is the OP's original post. Note he says "they approved the I-130" . Am I missing something here?

[san diego 407]

This is the OP's original post. Note he says "they approved the I-130" . Am I missing something here?

Yes, you are right, this is a different post. However, even under overstay circumstances I 601 easily approved since no fraud was committed and overstay is relatively minor violation. Fraud is not. With current computer system CBP will easily see on the computer that GC is invalid. Done. Lifetime ban.

[Kaoticor 5]

This is a VERY BAD advice. Please, refrain from advices if you do not understand anything. Oversatay is easily wavable under these circumstances. NOT FRAUD!!

I agree that advice shouldn't be given if someone doesn't undstand it, and it is good to know as much facts as possible in OP's situation. If you notice, I didn't recommend anything, only said I "would hope that wouldnt present any problems". Also about the waiver, I comment on that because my family has gone through the I-601 waiver process. It is NOT an easy procedure, legally, or emotionally. Anyone who hasn't gone through that process that tells you otherwise does not know what they are saying. Some people might have an easier time proving it than others, that is true. Also, statistically, you are correct, there could be a decent chance of an approval depending on the consulate. But there might also be very good chance it wont be approved. Would someone take a 50% chance at CBP? Would they take a 50% chance at a I-601? Up to the individual to make that choice.

[san diego 407]

I agree that advice shouldn't be given if someone doesn't undstand it, and it is good to know as much facts as possible in OP's situation. If you notice, I didn't recommend anything, only said I "would hope that wouldnt present any problems". Also about the waiver, I comment on that because my family has gone through the I-601 waiver process. It is NOT an easy procedure, legally, or emotionally. Anyone who hasn't gone through that process that tells you otherwise does not know what they are saying. Some people might have an easier time proving it than others, that is true. Also, statistically, you are correct, there could be a decent chance of an approval depending on the consulate. But there might also be very good chance it wont be approved. Would someone take a 50% chance at CBP? Would they take a 50% chance at a I-601? Up to the individual to make that choice.

Actually, 50% chance that CBP notices is underestimation. More like 90%. I601 approval for such minor overstay violation is almost sure thing. They are considered based on circumstances.

[Shiobhan 235]

Playing devils advocate here......what if the GC arrived the day she was leaving in her excitement of travel she left the card on the bed ? then ???.....now what

[san diego 407]

Playing devils advocate here......what if the GC arrived the day she was leaving in her excitement of travel she left the card on the bed ? then ???.....now what

Then it is a valid GC and you can legally take it to her or possibly mail it. No problem. Potentially you can even show up at the Border and say you forgot it and they will check and will let you in. If exit date is before the card was issued it becomes automatically invalid.

It does not matter when the card appears or what you do with it. What matters is if you left before tha date card was issued. This means abandoning the AOS and automatic invalidation of the card. Very simple.

Edited August 31, 2012 by san diego

[seth2013 39]

My (now husband) once left his re-entry permit here in the US when he traveled back to Japan. We realized this the day before his flight, and so I called the airline and asked if they would be able to deliver the permit to him when he got off his flight here in the US but before he went through immigration and they said it was fine.

The day of his flight, I went to the airport a little early and set it up so that the people at the Delta counter delivered it to the flight attendant, who gave the permit to him, no problems. I got the feeling that people left things behind quite commonly.

In order for your wife to board the plane, however, the airline will need to confirm that you will be able to deliver the document before she reaches immigration. That's why you would need to call the airline beforehand. They do this because it is otherwise the airlines responsibility to return the passenger if they don't have the correct documents.

EDIT: This round-a-bout story is me saying you should check out this option for delivering the Green Card to her

Edited August 31, 2012 by sethless