HELP...please!!

[nsxguy7 0]

I may have really done it this time. Anyone who might know what to do, please advise...

My fiancee came here on a K1 visa. We married within the 90 days and did our applications. She was fingerprinted and received her employment authorization card. The first week in January we received a letter dated December 10th for her interview date of January 16th. The letter looked as if it had been around the world twice. She had a family emergency ( her mother fell ill and was not expected to live) and left the country two days later, WITHOUT advance parole. I tried to contact USCIS no less than four times in the next few days and attempted to reschedule. The answer I received was different every time, but at least twice I was told not to worry, I could call to reschedule at any time (did not sound right to me either..). Next I received a letter saying her advance parole was cancelled because they had "evidence she was travelling outside the USA without authorization". Next I received another letter stating that since she missed the interview, our application to adjust status had been cancelled. I could, however, request that the case be reopened by sending a letter stating a valid reason for missing the interview along with a payment of $630.

Am I wasting my time here? I feel as if I am trapped in a situation with no way to resolve it. I love my wife dearly and I want her to be able to return. I don't even know where to send the letter and $630 to. AND, I don't even see how she can return without advance parole. Anyone have any ideas? Many thanks in advance...

[David & Kezia 25]

I'm sorry about your wife and her mother, and the problems that came out of this. This is a tough situation indeed.

I suggest that you get all the documents and proof that you need, and file an appeal. You may even have to contact your congressman for some help here. Cite not just emergency of the situation when she had to leave the country right away, but also for humanitarian reasons.

[Ryan H 3,834]

Moved from K1 Process & Procedures to Adjustment of Status from Family Based Visas forum; topic is related to the AOS process.

**Organizer hat off**

OP, you may end up having to go back to square one and file an I-130 to start the spousal visa process.

[Darnell 8,479]

after reading your prior posts,

it seems that you filed an I-130 + I-485 because you did NOT marry within the 90 day window on that K-1.

That's a plus, actually. Check into the status on the I-130 with a telephone call into USCIS, and then if it's already approved,

you need to get a Tier 2 human, an ISO, to get the approved I-130 sent off to NVC.

Once it's at NVC, enroll in the OPTIONAL ELECTRONIC PROCESSING for Guangzhou, handle the I-864 and DS-230 there, and get an interview.

IMO, if that I-130 IS ACTUALLY approved, all of the above is possible and can be handled within 4 months.

If the I-130 was not approved, then file a new one to the lockbox, clearly noting that your chasing after Consular Processing Abroad in Guangzhou on the I-130.

as far as re-opening the current case, it's not useful - as she's not in the USA currently and doesn't qualify for AOS (to the best of my knowledge) ..

Go Get Em !

Edited March 20, 2013 by Darnell

[Penguin_ie 5,997]

No point in appealing because she left without AP, so there is nothing to appeal, they made the correct decision.

Agree with Darnell. Did you file a I-130 with the I-485 or no?

[Operator 1,927]

I may have really done it this time. Anyone who might know what to do, please advise...

My fiancee came here on a K1 visa. We married within the 90 days and did our applications. She was fingerprinted and received her employment authorization card. The first week in January we received a letter dated December 10th for her interview date of January 16th. The letter looked as if it had been around the world twice. She had a family emergency ( her mother fell ill and was not expected to live) and left the country two days later, WITHOUT advance parole. I tried to contact USCIS no less than four times in the next few days and attempted to reschedule. The answer I received was different every time, but at least twice I was told not to worry, I could call to reschedule at any time (did not sound right to me either..). Next I received a letter saying her advance parole was cancelled because they had "evidence she was travelling outside the USA without authorization". Next I received another letter stating that since she missed the interview, our application to adjust status had been cancelled. I could, however, request that the case be reopened by sending a letter stating a valid reason for missing the interview along with a payment of $630.

Am I wasting my time here? I feel as if I am trapped in a situation with no way to resolve it. I love my wife dearly and I want her to be able to return. I don't even know where to send the letter and $630 to. AND, I don't even see how she can return without advance parole. Anyone have any ideas? Many thanks in advance...

Was it a dual purpose EAD/AP card, or did you not even file for AP? You say you "did your applications" which isn't real specific.

Filling out your timeline would really be helpful...I don't see the other posts Darnell is talking about.

Edited March 20, 2013 by Operator

[Darnell 8,479]

here's the trick to see his prior posts..

advanced search tool, at

http://www.visajourney.com/forums/index.php?app=core&module=search

paste his user name in to the author section.

click on display results 'as posts'

then you can see all.

[Operator 1,927]

here's the trick to see his prior posts..

advanced search tool, at

http://www.visajourn...e&module=search

paste his user name in to the author section.

click on display results 'as posts'

then you can see all.

Ahhhh...Interesting read, not a very smooth journey.

[Darnell 8,479]

ya, that's why i had suggested to chase down the status of the I-130.

[bigdog 377]

Good idea.

[Pitaya 2,577]

Ahhhh...Interesting read, not a very smooth journey.

Agree!

ya, that's why i had suggested to chase down the status of the I-130.

OP:

Edited March 21, 2013 by A&B

[Darnell 8,479]

nsxguy7 - so - what you decide to do ?