What do we do after leaving US without advance parole?

[Vitaliy_and_Katya 3]

OK, so, here it goes.

We went through the whole K-1 visa process, got married in the US and filed for AOS, EAD and AP within 90 days timeframe after entering the US (NOA1 received without the 90 days, if that matters).

I (the fiancee) had to travel out of the US about 1 month after 90 day period was over and obviously my visa had expired. I called and asked to expedite my Advance Parole application before leaving, hoping they'd approve it and my husband could send me the AP card. But I had to leave before we had the answer from USCIS in the mail asking for proof of emergency.

I assume our AOS will be seen as abandoned now and we'll be sent a denial. My husband and I are devastated with not being able to see each other and be together, so we are here, asking for your help, VisaJourney members.

Our questions are:

1. Is there a ban after leaving US with about 1 month of overstay (while adjusting status as a K-1)?

2. How do we go about our AOS papers? Do we call USCIS and ask them to cancel the application because I left US or wait for the denial notice in the mail? How long does it take for them to mail the denial?

3. I assume our only option to be together in the US is filling for a spouse visa IR-1. Can we start the process now not waiting for the denial notice for AOS?

We are also considering other options, but currently it's the only one we give any serious thought to because of work situation.

Thank you for your help and support, guys!

[Harpa Timsah 13,258]

Your AOS will be denied for abandonment. When will they realize and deny? Not sure.

You will need to start a new spousal visa process.

No ban.

Good luck.

[Hypnos 6,578]

As Harpa said, your AoS is abandoned. You should formally withdraw the I-485 pending with USCIS by writing to the service centre processing it, giving your full details (name, alien number, dob, receipt number, etc.) and stating you wish to withdraw the application.

Have your husband file the I-130 this week. You should expect it to take a year or so before you receive your immigrant visa and can enter the US again. I hope it was a life or death emergency that required you to depart without AP.

[Vitaliy_and_Katya 3]

Thank you for answers, everyone.

[digitalvx 4]

OK, so, here it goes.

We went through the whole K-1 visa process, got married in the US and filed for AOS, EAD and AP within 90 days timeframe after entering the US (NOA1 received without the 90 days, if that matters).

I (the fiancee) had to travel out of the US about 1 month after 90 day period was over and obviously my visa had expired. I called and asked to expedite my Advance Parole application before leaving, hoping they'd approve it and my husband could send me the AP card. But I had to leave before we had the answer from USCIS in the mail asking for proof of emergency.

I assume our AOS will be seen as abandoned now and we'll be sent a denial. My husband and I are devastated with not being able to see each other and be together, so we are here, asking for your help, VisaJourney members.

Our questions are:

1. Is there a ban after leaving US with about 1 month of overstay (while adjusting status as a K-1)?

2. How do we go about our AOS papers? Do we call USCIS and ask them to cancel the application because I left US or wait for the denial notice in the mail? How long does it take for them to mail the denial?

3. I assume our only option to be together in the US is filling for a spouse visa IR-1. Can we start the process now not waiting for the denial notice for AOS?

We are also considering other options, but currently it's the only one we give any serious thought to because of work situation.

Thank you for your help and support, guys!

Contact an immigration lawyer before withdrawing your AOS. I read posts where a similar situation occurred and after 2 months the person's AP card come in the mail, had it sent to them and was able to enter without issues. I personally would try this, and if it was an emergency to leave I would gather the evidence to show this.

Don't act just on this forum, get professional consultation.

[NigeriaorBust 4,087]

Contact an immigration lawyer before withdrawing your AOS. I read posts where a similar situation occurred and after 2 months the person's AP card come in the mail, had it sent to them and was able to enter without issues. I personally would try this, and if it was an emergency to leave I would gather the evidence to show this.

Don't act just on this forum, get professional consultation.

If they left AOS was abandoned. If they use anything issued in error it will catch up with them later and all benefits gained will be revoked. If it doesn't catch up at AOS or ROC they will find it at citizenship where they really check into everything . Do NOT advise people to bend immigration law.

[Vitaliy_and_Katya 3]

Contact an immigration lawyer before withdrawing your AOS. I read posts where a similar situation occurred and after 2 months the person's AP card come in the mail, had it sent to them and was able to enter without issues. I personally would try this, and if it was an emergency to leave I would gather the evidence to show this.

Don't act just on this forum, get professional consultation.

Thank you for your advice. I really appreciate you trying to help. Whether we contact an immigration lawyer or not, it still boils down to USCIS rules - leaving without AP is abandoning the application. I was thinking, perhaps making a K-3 visa would be quicker (maybe couple months shorter) and we'd be together.

I left because of my own health, but not sure if the documents we have would suffice for the emergency AP. Really sad right now.

[digitalvx 4]

If they left AOS was abandoned. If they use anything issued in error it will catch up with them later and all benefits gained will be revoked. If it doesn't catch up at AOS or ROC they will find it at citizenship where they really check into everything . Do NOT advise people to bend immigration law.

You know, that's a great point you make. It may get caught in ROC or Citizenship. I personally would still look to an immigration lawyer, and to schedule an infopass appointment to get better answers before making a final decision.

[Hypnos 6,578]

At this point there isn't really a decision to be made; the OP will go to their deferred inspection interview and find out whether CBP will grant them entry or not. Even if somehow granted entry (on what basis I'm unsure) then the AoS will be denied for abandonment. The only way it won't be denied for abandonment is if USCIS do not know that they left, in which case this would likely arise to material misrepresentation by not disclosing the fact that they left and then returned. As stated above though, at RoC or naturalisation it will probably come up there, and USCIS can revoke any decision or benefit they have granted (up to and including citizenship) if it was based on erroneous information.

OP has spoken to a lawyer which is Good, but the lawyer mentioned a K-3, which is Bad.

[Vitaliy_and_Katya 3]

At this point there isn't really a decision to be made; the OP will go to their deferred inspection interview and find out whether CBP will grant them entry or not. Even if somehow granted entry (on what basis I'm unsure) then the AoS will be denied for abandonment. The only way it won't be denied for abandonment is if USCIS do not know that they left, in which case this would likely arise to material misrepresentation by not disclosing the fact that they left and then returned. As stated above though, at RoC or naturalisation it will probably come up there, and USCIS can revoke any decision or benefit they have granted (up to and including citizenship) if it was based on erroneous information.

OP has spoken to a lawyer which is Good, but the lawyer mentioned a K-3, which is Bad.

I think you wanted to post a reply in another topic: http://www.visajourney.com/forums/topic/480862-left-the-country-while-advance-parole-and-aos-were-still-pending/