Husband left without AP

[BesosforMexico 13]

My husband entered the US on a K-1 visa back in April. We were then married in May, and filed our AOS in May as well (priority date 5/11/2012). I did all of the paperwork on my own, and didn't know I could submit an AP for free. I filed his EAD which was approved in August, and he has been working since then. Everything has been great, and we should have been hearing soon from them regarding his green card. He got a call on Tuesday saying he had to appear in court down in Mexico for a child support hearing otherwise there he would be arrested the next time he entered Mexico. His ex didn't think he would show up so she was requesting an outrageous amount and she said the craziest lies in her suit. Basically if he didn't show up not only could he not return to mexico without being arrested but he would owe almost $2000 a month (more than he even makes) and he would never be allowed to see his daughter. Despite me telling him not to go, he did anyways. He has always said his kids were more important than being here with me (ouch) but he just left without thinking of the consequences. Now he is ready to come back.... clearly he can't without having a green card or AP.

Our lawyer said it is possible that they will overlook him leaving and just approve the green card anyways. Has anyone experienced that?

I also read that if the green card does get approved but his issue date is later than his departure date that they will not allow him in past the border control anyways? Anyone know anything about this??

I can't do another 9 months of long distance while waiting on the i-130. I have done long distance with him for 2 and a half years..... and finally we were happily together for 8 months here. I can't go back to this. There has to be another way.

Some people have told me to contact my US Senator but I just don't understand what good that could possibly do anyways.

Helppppppp

[Lonelywithouthim 5]

I'm so sorry for both of you. I don't know enough to advise you but he should have all the documents regarding the case in Mexico to prove why he had too leave. I admire your husband for doing what he did for his daughter, he is a parent no matter the distance and he did what any good parent would do for his child. Good Luck to both of you!

[Krikit 1,165]

Well, I guess you would only be able to try for that scenario if he isn't called for an interview, at which point they won't let him into the US because he doesn't have an AP or a GC. But check and make sure the EAD isn't a combo card. (EAD and AP) He might get lucky.

[BesosforMexico 13]

It is not a combo card unfortunately. I am just praying that he somehow slips through the cracks and gets approved in the next week or two

[KayDeeCee 4,895]

I agree with the above. If he gets approved without interview, take him his green card and see if he can re-enter the US with it. If they notice the dates of when he left and when he got approved and won't let him enter, then unfortunately you will have to file for a spousal visa in order for him to return to the US.

Was your case transferred to the CSC? If so, you most likely will not have an interview but it is taking many months for approval from there.

[BesosforMexico 13]

Yes, it was transferred to CSC.

I don't want to sit here and wait forever to hear back from the CSC just to get a denial. Our transfer date was May 31st. I was expecting to get a response in the next week or two.

How long would you sit in waiting from them before just started the i130 and getting that process started

[KayDeeCee 4,895]

Yes, it was transferred to CSC.

I don't want to sit here and wait forever to hear back from the CSC just to get a denial. Our transfer date was May 31st. I was expecting to get a response in the next week or two.

How long would you sit in waiting from them before just started the i130 and getting that process started

Hard to say. You can check the AOS progress forum to see how things stand right now with approvals from the CSC. It has taken those transferred to the CSC 10+ months though, so you might be looking at waiting another couple months instead of weeks. You just cannot know for sure.

[BesosforMexico 13]

When he left did that show up in his file that they look at? I mean what are my chances of it even getting approved? I can't do this all over again.

[Darnell 8,479]

CBP shares data with USCIS.

There's some batch processes that match up data, run every month or so.

In time, USCIS will have learned he's left the USA.

Since he's left the USA, he's abandoned his green card application (per USCIS, btw, not me)

So, what to do, to come back?

1. get into CDJ IV, ask for a re-entry permit, explaining the circumstances. He may or may not get it. or

2. File the I-130 this week. The good news here is that the casefile will get sent to MSC, and they are approving I-130s there within 90 days. You'll have more work @ NVC, but it's Electronic Processing for a CR-1 at NVC for casefiles with interviews at CDJ, so it's possible to go fast as well, receiving an interview date immediately after case complete at NVC, actual interview within 20 to 30 days of finishing up at NVC.

[BesosforMexico 13]

I called the consulate and they said he would be eligible for a waiver interview. They didn't know anything about a re entry permit. Then I tried to schedule it and they said they didn't have any dates available and to try calling back. So when we called back they said that he would have to have a letter saying he's eligible for a waiver before we could schedule. But obviously we didn't get a letter. There is nothing else we can do to get him back???

[Darnell 8,479]

does the waiver have a form # on it ?

[Hypnos 6,578]

I believe a re-entry permit is a no-go since it can only be applied for (and used) after a green card is issued, which has not been done in this case.

As already stated, his AoS application was considered abandoned the second he departed the US, and at some point USCIS will notice. Likely they will figure it out very shortly, but it's possible that it could take years and possibly not even until RoC or as part of the naturalisation process. Any immigration benefits can be taken away if they were erroneously granted, either by accident or intent, and so I would not want to live my life knowing that my green card should not have been granted and that I could be deported if USCIS put two and two together.

Unfortunately you will now have to start over by filing an I-130 for a spousal visa. Expect the process to take ~8 - 10 months.

Edited November 26, 2012 by Hypnos

[islandgal 74]

I think you (and him) should contact the Embassy in Mexico (Citizen services) or make an Info pass appointment at your local USCIS office and explain the situation. Ask them for the best option for your case IF the green card doesn't arrive soon.

[del-2-5-2014 1,339]

My husband entered the US on a K-1 visa back in April. We were then married in May, and filed our AOS in May as well (priority date 5/11/2012). I did all of the paperwork on my own, and didn't know I could submit an AP for free. I filed his EAD which was approved in August, and he has been working since then. Everything has been great, and we should have been hearing soon from them regarding his green card. He got a call on Tuesday saying he had to appear in court down in Mexico for a child support hearing otherwise there he would be arrested the next time he entered Mexico. His ex didn't think he would show up so she was requesting an outrageous amount and she said the craziest lies in her suit. Basically if he didn't show up not only could he not return to mexico without being arrested but he would owe almost $2000 a month (more than he even makes) and he would never be allowed to see his daughter. Despite me telling him not to go, he did anyways. He has always said his kids were more important than being here with me (ouch) but he just left without thinking of the consequences. Now he is ready to come back.... clearly he can't without having a green card or AP.

Our lawyer said it is possible that they will overlook him leaving and just approve the green card anyways. Has anyone experienced that?

I also read that if the green card does get approved but his issue date is later than his departure date that they will not allow him in past the border control anyways? Anyone know anything about this??

I can't do another 9 months of long distance while waiting on the i-130. I have done long distance with him for 2 and a half years..... and finally we were happily together for 8 months here. I can't go back to this. There has to be another way.

Some people have told me to contact my US Senator but I just don't understand what good that could possibly do anyways.

Helppppppp

It's most unfortunate that this idiocy of using children as pawns occurs in Mexico too. Best of luck to your Husband and the kids. I woul dhave thought Mexico would be a traditional country.

[MIke n Heather 8]

we filed AOS on may 29th and were transferred on july 3rd to CSC, we were approved on october 25th so CSC does NOT have to take 10 months !