Beneficiary needs to travel overseas during the AOS process

[olg32 0]

Hello everyone,

I recently married my fiancee who entered with a K1 visa. I already submitted all the paperwork required for the AOS and we have appointment date for biometrics. My question is, before arriving into the U.S. she was in the middle of a litigation process she started due to a medical malpractice in her country of origin and se may need to go back to testify soon. Is any chance she can leave the country to address this matter? or does she has to wait until the green card is issued? I know there are exceptions, but that is for family emergencies and don't know if a lawsuit can be considered an emergency.

I'd appreciate any feedback on this matter.

[KayDeeCee 4,895]

Did you apply for AP(I-131) with the I-485? AP allows you to leave and re-enter the US while waiting for the green card to be approved. You can always ask to have the AP expedited. The worst thing that can happen is that say no. Make an Infopass and bring proof that she needs to leave the US before the green card would be granted. If not, the AP takes 2-3 months from filing to receive.

[aamirpearl 47]

Hello everyone,

I recently married my fiancee who entered with a K1 visa. I already submitted all the paperwork required for the AOS and we have appointment date for biometrics. My question is, before arriving into the U.S. she was in the middle of a litigation process she started due to a medical malpractice in her country of origin and se may need to go back to testify soon. Is any chance she can leave the country to address this matter? or does she has to wait until the green card is issued? I know there are exceptions, but that is for family emergencies and don't know if a lawsuit can be considered an emergency.

I'd appreciate any feedback on this matter.

Did you apply for AP with AOS??

[Gosia & Tito 199]

Hello everyone,

I recently married my fiancee who entered with a K1 visa. I already submitted all the paperwork required for the AOS and we have appointment date for biometrics. My question is, before arriving into the U.S. she was in the middle of a litigation process she started due to a medical malpractice in her country of origin and se may need to go back to testify soon. Is any chance she can leave the country to address this matter? or does she has to wait until the green card is issued? I know there are exceptions, but that is for family emergencies and don't know if a lawsuit can be considered an emergency.

I'd appreciate any feedback on this matter.

A lawsuit would not likely qualify as an emergency, aside from that, the emergency is to expedite issuance of advance parole. Assuming you filed for advance parole together with AOS. It used to be about 2 to 3 months from the biometrics date to have AP in hand.

If need be, your spouse can always leave any time wanted, is the coming back what is problematic, but in a worst case scenario you would have no choice than file for CR-1

[Dave&Roza 748]

Hello everyone,

I recently married my fiancee who entered with a K1 visa. I already submitted all the paperwork required for the AOS and we have appointment date for biometrics. My question is, before arriving into the U.S. she was in the middle of a litigation process she started due to a medical malpractice in her country of origin and se may need to go back to testify soon. Is any chance she can leave the country to address this matter? or does she has to wait until the green card is issued? I know there are exceptions, but that is for family emergencies and don't know if a lawsuit can be considered an emergency.

I'd appreciate any feedback on this matter.

There is nothing, repeat nothing, preventing her from leaving the US at anytime. The issue you and she will have to discuss is her ability to return to the US. IF she leaves before she receives either her AP (assuming you filed it with the AOS, if not you should file ASAP--just include a copy of your NOA1 to show you filed the I-485 form and the fees will be waived) or GC her AOS will be considered abandoned and now that you are married, you will have to file the I-130 Spousal Visa and she will have to wait approximately one year for it to be approved. You will have to decide which is more important or see if she can be granted a continuance until such time as she has the proper documentation to gain re-entry to the US.

Good luck,

Dave

Edited November 30, 2013 by Dave&Roza