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BesosforMexico

Husband left without AP

By BesosforMexico in Working & Traveling During US Immigration

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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

Usually they will check to see if there is a record of the person leaving just before they approve the green card so you probably will not get a green card by waiting . Even if it did happen and you could get the card to him they will not that he was out of the country before the approval date and he would likely get denied entry. He should have made a stop at the local USCIS office on his way out of the country but that won't help now. I suspect you will be forced to file an I130 and wait out the application. You should probably start getting things ready to send while you sort things out.

This will not be over quickly. You will not enjoy this.

Boiler Grand Master

Boiler   45,970

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

I have not seen a case where a I 130 was not required, has anybody else?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

actob99 Proficient

actob99   156

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

I agree with those that say start the I 130 process. They are extremely strict about leaving during the AOS process, you both new that. And he didn't even try an emergency infopass appointment where I have heard that during emergency situations they will approve an AP on the spot. Also, it seems suspicious that he couldn't re-schedule this hearing and it came so fast without warning. If i'm suspicious, so is our government. Good luck.

27 January 2012: Mailed I-129F

03 February 2012: NOA1( e-mail & Text)

03 February 2012: Check Cashed

NO RFE'S

22 June 2012 : NOA2 (e-mail & Text)

16 July 2012: Manila Case Number(by phone)

17 July 2012: Interview paid at BPI

19 July 2012: Set interview for Mid-Aug

23-24 July 2012: Medical St. Lukes(passed)

24 July 2012: CFO Seminar(had to go next morning for landline #)- PASSED

02 Aug 2012: Received e-mail from USEM our case is there.

15 Aug 2012: Interview at USEM - APPROVED

13 SEP 2012: POE Minneapolis, MN

27 OCT 2012: Married

19 NOV 2012: AOS package sent

05 DEC 2012: NOA's I-765, I-131, I-485

14 DEC 2012: Biometrics appointment finished(Walk-in..Was scheduled Jan 04 2013)

02 FEB 2013: I-131 and I-765 Approved

07 FEB 2013: USPS Picked up the combo-card

11 FEB 2013: Received Combo-card

21 FEB 2013: Transit Visa picked up in Chicago for Japan

BesosforMexico Explorer

BesosforMexico   13

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
  • Author
Posted

We did have an infopass about an emergency parole and they said it didn't meet criteria. We also did push back his hearing 3 times but they couldn't move it further than two weeks. My husband is not a liar and we aren't stupid.

10/20/2011 - Submitted I-129f to CSC

10/22/2011 - CSC Received our packet

10/24/2011 - NOA1

10/28/2011 - Touched

2/23/2012 - 2/28/2012 Trip to Mexico

2/27/2012 - NOA2

3/5/2012 - NVC received our packet

3/6/2012 - NVC forwarded packet to consulate

3/8/2012 - Received by consulate

3/23/2012 - Packet sent by consulate

4/16/2012 - Medical and Finger printing scheduled

4/17/2012 - Interview

Andy and Pui Rising Star

Andy and Pui   16

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

We did have an infopass about an emergency parole and they said it didn't meet criteria. We also did push back his hearing 3 times but they couldn't move it further than two weeks. My husband is not a liar and we aren't stupid.

BesoforMexico, I'm sorry you are going through this. Did you both go to the infopass before your husband left for Mexico?

AOS Journey

11-04-2011 sent AOS to Chicago lockbox

11-07-2011 delivered

11-08-2011 Date on text messages but did not receive until 11-22-2011

11-23-2011 Check cashed.

11-25-2011 Hard copies of NOA1s

12-06-2012 Pui's Brother unexpectly passes away and we make an info pass appointment and receive an emergancy AP so she can return home. Pui leaves for Thailand for 2 weeks.

12-06-2012 Get a text message and email that she received an RFE

12-12-2012 RFE for original birth certificate. I swear we sent it along with a certificate translation of it.

12-20-2012 Pui returns from Thailand.

12-21-2012 We send the RFE back for with original birth certificate along with a new certificate of translation(I had to wait for her to return for her to sign)

12-26-2012 text and email they have received the RFE.

12-29-2012 Appointment for biometrics is 01-23-2012

01-13-2012 AP is approved.

01-23-2012 Biometrics appointment. Later during the evening the text and email saying the EAD is approved.

01-31-2012 EAD/AP combo card arrives.

05-22-2012 Email and text card is in production!

rlogan Proficient

rlogan   2,036

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

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.

This just didn't sound right, but I hesitated to say your husband was up to something. So it seems now that the rest of the story is that you guys knew about this before and got it postponed three times I guess. USCIS takes the view that poor planning on your part does not constitute an emergency on their part.

File the I-130. This is going to go really bad for you if you try to take a short-cut.

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

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

You need to fire this jackhole. Do you really want to start this off by committing FRAUD??????? This is what the jackhole is suggesting.

You've f - k up. Fine, whatever, it has been done and it can't be undone. You solve a problem by dealing with it. You don't solve a problem by hiding it and playing games with US immigration officials. A lifetime ban is not worth it.

 
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