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thomas5 Newbie

thomas5   0

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

Dear all,

My wife and I were married within the 90 day requirement, but for various reasons (read "did not follow directions"), we have NOT filed her AOS. The 90 days expired in late June of this year. The reason this came up is she returned home with no documentation to allow her to re-enter.

What now? Do we have to go through the whole process again? Can we file the I-485 and get the I-131 now?

Please help . . . .

Thanks in advance.

Thomas

Andrea&Henry Proficient

Andrea&Henry   311

Posted
Filed: Citizen (apr) Country: Venezuela
 Timeline
Posted

No, i mean, you can file for her AoS but in order to get her EAD/AP she need to go to your Local USCIS and having her fingerprints and photo taken (Biometrics) without this, she cant get any of her AoS docs. Did she leave knowing all this? It is very clear that a foreingn spouse with a k1 visa can NOT leave the country without at least we the advanced parole

OUR AMAZING JOURNEY 

 

2011

UiSpm4.pngHWwxm4.png

 

2012

YIRsm4.png   Mi1Gm4.pngTh37m4.png    

 

2013                                                  2014                                                     2015

fNidm5.png NXDpm4.png    VaECm4.png 

 

2016

VRj7m4.png4IFnm4.png

 

                                                                                                                                                                                                                                   

                  

 

Andrea&Henry Proficient

Andrea&Henry   311

Posted
Filed: Citizen (apr) Country: Venezuela
 Timeline
Posted

I read a case like your and the person needed to started all over but instead of submitting a k1 visa, he needed to submitted a CR1 visa cause you are already married, she is not your fiance anymore.

OUR AMAZING JOURNEY 

 

2011

UiSpm4.pngHWwxm4.png

 

2012

YIRsm4.png   Mi1Gm4.pngTh37m4.png    

 

2013                                                  2014                                                     2015

fNidm5.png NXDpm4.png    VaECm4.png 

 

2016

VRj7m4.png4IFnm4.png

 

                                                                                                                                                                                                                                   

                  

 

Andrea&Henry Proficient

Andrea&Henry   311

Posted
Filed: Citizen (apr) Country: Venezuela
 Timeline
Posted (edited)

When she left, did she know that if she left the country WITHOUT her greencard or travel permit, she could NOT come back?

Edited by Andrea&Henry

OUR AMAZING JOURNEY 

 

2011

UiSpm4.pngHWwxm4.png

 

2012

YIRsm4.png   Mi1Gm4.pngTh37m4.png    

 

2013                                                  2014                                                     2015

fNidm5.png NXDpm4.png    VaECm4.png 

 

2016

VRj7m4.png4IFnm4.png

 

                                                                                                                                                                                                                                   

                  

 

KayDeeCee Grand Master

KayDeeCee   4,896

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Dear all,

My wife and I were married within the 90 day requirement, but for various reasons (read "did not follow directions"), we have NOT filed her AOS. The 90 days expired in late June of this year. The reason this came up is she returned home with no documentation to allow her to re-enter.

What now? Do we have to go through the whole process again? Can we file the I-485 and get the I-131 now?

Please help . . . .

Thanks in advance.

Thomas

She left without filing for adjustment of status and getting advance parole or a green card. She cannot file for AOS now that she has left the country. If she would not have left, she could have filed even if her I-94 was expired, since there is no deadline to file for AOS so long as she remained here in the US.

Now, you must start again. This time with a spousal visa. http://www.visajourney.com/content/i130guide1

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

She's your wife now, as if she never entered on a K1 visa. You need to file for her as your spouse, by filing a CR-1, and waiting all over again.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

jimnlena Community Regular

jimnlena   8

Posted
Filed: Lift. Cond. (apr) Country: Ukraine
 Timeline
Posted

Most likely will have to apply as a cr-1 takes about 7 months. Maybe call kiev see if any other possibilty.

I-751 Vermont
Mailed 4/03/2012
Check Cashed 4/10/2012
Noa1 4/12/2012 receipt date 4/6/2012
Biometrics 4/19/2012 letter recieved
Biometrics 5/01/2012 done
Tic Toc, Tic Toc, Tic Toc, Tic toc..................................................

5/10/2013 Info pass for another year stamp

Tic Toc, Tic Toc.....................................

Second biometrics letter received 7/6/2013

Tic toc tic toc..........................................................................................

4/10/14 info pass for another year

Tic Toc, Tic toc

3/30/2015 info pass for another year stamp

9/10/2015 Notice for I-751 interview 9/22/2015 Our gov is so efficient just gotta love em in charge of health care!!

Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

If she left without a green card or AP then you have to start from the beginning with a CR1 petition , repay fees and wait in line again.

:thumbs:

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

She left without filing for adjustment of status and getting advance parole or a green card. She cannot file for AOS now that she has left the country. If she would not have left, she could have filed even if her I-94 was expired, since there is no deadline to file for AOS so long as she remained here in the US.

Now, you must start again. This time with a spousal visa. http://www.visajourney.com/content/i130guide1

:thumbs:

Certainly unfortunate consequences . :(

Edited by A&B

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Dear all,

My wife and I were married within the 90 day requirement, but for various reasons (read "did not follow directions"), we have NOT filed her AOS. The 90 days expired in late June of this year. The reason this came up is she returned home with no documentation to allow her to re-enter.

What now? Do we have to go through the whole process again? Can we file the I-485 and get the I-131 now?

Please help . . . .

Thanks in advance.

Thomas

Start the CR-1 visa process, pay the fees and wait.....and read up on all phases of the visa process. She has not visa or AP or GC with which to re-enter, she is stuck there.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Yup, do the CR-1. Luckily she hasn't been out of status long enough to incur a ban. Unluckily her overstay means she won't be able to visit while it is processing. Good news is that once the CR-1 is approved she will enter as a permanent resident, no AOS needed, so this won't happen again.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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