Two problems with AP

[Peter + Olga 0]

We have two big problems with my wife's Advance Parole situation and I'd appreciate any advice members might have to offer.

1) My wife arrived last July on a K-1 visa. We got married well within the 90 days, but then didn't file for AOS, AP and EAD until April. (I know we should have filed sooner, but we didn't.) The Chicago office received her applications 177 days after the expiration date in her I-94. We received her NOA1 185 days after the expiration date in her I-94. Does that mean she shouldn't travel even if she receives her AP? What are the odds of them stopping her at the border and potentially banning her for three years under these circumstances?

2) She hasn't received her AP yet and she has a ticket to Kazakhstan in four days. The reason she is so motivated to travel is that her son is graduating from high school back in Kazakhstan on the following Saturday (June 22) and she promised him she'd be there. From the timelines, it looks like she will receive her AP any day now, most likely next week. Is there anything we can do to speed this up? Call USCIS? Go to our local office and plead our case? Drive to Chicago (340 miles each way) and try to plead our case there?

Thanks very much for your help.

Peter

[Inky 1,111]

Unfortunately expedited AP is for emergent health situations of family members in another country or death in the family. Both need proof to get the expedite.

[Harpa Timsah 13,258]

Your wife CANNOT travel using AP. By delaying her AOS you have made her subject to a ban when she leaves. You are quibbling about a day or two to try to make that she doesn't have a ban, but by your NOA1 date she has it. You can't speed up the issuance either, but it doesn't matter because if she leaves she CANNOT return.

[JohnR! 5,495]

Edited: Failed to notice NOA date.

Good luck!

Edited June 11, 2013 by Gegel

[Harpa Timsah 13,258]

Since you did get married within 90 days she did not overstay and did not accumulate unlawful presence, i.e. she has no ban. During the period between her I-94 expiration until you applied for AOS she was out of status, which is neither here nor there, but certainly it is not considered unlawful presence.

In summary, she can travel as soon as she receives her AP and IMHO it would be unwise for her to leave the country without it.

Good luck!

Patently FALSE.

Her out of status was unlawful presence, illegal days, and DO count toward a ban. Shocking, horrible, dangerous advice.

[JohnR! 5,495]

Patently FALSE.

Her out of status was unlawful presence, illegal days, and DO count toward a ban. Shocking, horrible, dangerous advice.

Post edited. I failed to notice the NOA date. Let's hope your assessment is correct.

[JohnR! 5,495]

Although you cannot expedite the AP process, you can consider an Infopass appointment and file for a waiver before she leaves the US.

You may want to check out the link below:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bc41875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=bc41875decf56310VgnVCM100000082ca60aRCRD

Good luck!

[Harpa Timsah 13,258]

This is really derailing the thread...

Why on earth would he choose to file a waiver, something that costs more money, and is not guaranteed to be approved?

And beyond that, if she left, she would need a spousal visa to start over.

The OP is stuck and its his fault. His wife should be mad at him for failing to file for her AOS in a timely manner. Actions have consequences.

[Pinkrlion 2,724]

I think you should read AP instructions and it states about the 180 days. Your NOA1 date reflects 185.

[EasternDE 35]

We have two big problems with my wife's Advance Parole situation and I'd appreciate any advice members might have to offer.

1) My wife arrived last July on a K-1 visa. We got married well within the 90 days, but then didn't file for AOS, AP and EAD until April. (I know we should have filed sooner, but we didn't.) The Chicago office received her applications 177 days after the expiration date in her I-94. We received her NOA1 185 days after the expiration date in her I-94. Does that mean she shouldn't travel even if she receives her AP? What are the odds of them stopping her at the border and potentially banning her for three years under these circumstances?

2) She hasn't received her AP yet and she has a ticket to Kazakhstan in four days. The reason she is so motivated to travel is that her son is graduating from high school back in Kazakhstan on the following Saturday (June 22) and she promised him she'd be there. From the timelines, it looks like she will receive her AP any day now, most likely next week. Is there anything we can do to speed this up? Call USCIS? Go to our local office and plead our case? Drive to Chicago (340 miles each way) and try to plead our case there?

Thanks very much for your help.

Peter

Try to schedule an infopass with your local USCIS office ASAP, it's your only chance.

A very small chance though.

[JohnR! 5,495]

Why on earth would he choose to file a waiver, something that costs more money, and is not guaranteed to be approved?

I don't think you're derailing the topic. The situation in which the OP finds himself is complicated and only the he can answer that question. It would be sophomoric to presume to deny him that prerogative.

[Harpa Timsah 13,258]

Why on earth would he choose to file a waiver, something that costs more money, and is not guaranteed to be approved?

I don't think you're derailing the topic. The situation in which the OP finds himself is complicated and only the he can answer that question. It would be sophomoric to presume to deny him that prerogative.

You're sending him down the rabbit hole, Gegel, on false promise of another solution.

Insulting me doesn't help. You're out of your depth and your attempt to make yourself look better isn't helping. You were just wrong. You don't even know how the waiver works, or what it is for.

[KayDeeCee 4,896]

Why would she apply for a waiver? She IS eligible to adjust status in the US and is not in need of leaving the country due to an ongoing application/interview appointment with DoS. She already had her visa approved by DoS and entered the US with a K-1.

To the OP> I have read others stories about using AP even though they had more than 180 days of overstay and they were allowed to re-enter the US without problems. However, you need to know that if she leaves, she is taking that risk that she might be refused entry and would need a spousal visa to return. You would then need to file a waiver to overcome her ban.

Edited June 12, 2013 by Jay-Kay

[JohnR! 5,495]

Why would she apply for a waiver? She IS eligible to adjust status in the US and is not in need of leaving the country due to an ongoing application/interview appointment with DoS. She already had her visa approved by DoS and entered the US with a K-1.

To the OP> I have read others stories about using AP even though they had more than 180 days of overstay and they were allowed to re-enter the US without problems. However, you need to know that if she leaves, she is taking that risk that she might be refused entry and would need a spousal visa to return. You would then need to file a waiver to overcome her ban.

Because if she leaves - which she needs to do if she is to keep her promise to her kid - she should have it on hand in case she is now allowed back into the US upon her return, which is something possible, yet unlikely to happen, if she has an AP.

Beginning this year, along with the new waiver procedures, CBP officers have been allowed to decide on letting back in the US, beneficiaries of CR/IR visas, whose ban is not predicated on illegal entry, or any other factor that might make them inadmissible in the US. The issue is created by the lack of a formal policy. In her case, we can only speculate she most likely would be allowed to re-enter, even with the overstay. Having the waiver on hand would only help her plead with the CBP officer at the POE. Worst case scenario if would help her with her process to return to the US.

The knee-jerk reaction of many is to advise her to forget her promise to her kid, whereas there are those of us for whom our kids are more important than the inconvenience of having to wait a few months away from home, and more precious than the money involved in such enterprise. I simply do not partake in the self indulging presumption of making that decision for someone else.

Edited June 12, 2013 by Gegel

[Harpa Timsah 13,258]

- she should have it on hand in case she is now allowed back into the US upon her return, which is something possible, yet unlikely to happen, if she has an AP.

This is wrong. Please stop. She cannot come back to the US with a I-601 waiver and AP.