Left the Country while Advance Parole and AOS were still pending

[badlo 1]

My GF came to the US on an ESTA Visa. I proposed and we got married a week later. we filed for AOS and for AP on 12/20/13 she went to the bio-metrics appointment.

we were waiting for the advance parole to come through in time for our trip. it was a week before and she tried to apply for emergency AP which was denied. we were aware that leaving the country for our trip would cause her AOS to be abandoned. We came back yesterday 2/14/14, after a long detention by CBP she was let out with an appointment at USCIS in los angeles for 2/26/14. one thing the officer said was to not show up to the interview "empty handed". we're not sure what that means.

i was hoping that someone here might know what our next step should be. I know it was very risky leaving the country during this time and that she could have been denied entry. but by the grace of god she wasn't and now we have 11 days to figure out how to deal with our upcoming USCIS appointment. if anyone has any ideas or experience with this sort of things please let me know

thank for your time

[Hypnos 6,576]

What is this "appointment"? Your AoS interview? If so, the AoS will be denied due to abandonment of the application when you left without AP.

[Ketsuban 1,034]

I'm not sure what to suggest. If USCIS somehow don't know about her leaving and it's not brought up, then it will probably come up later down the line and she would be deported. Not good if you're planning on having kids or need two incomes to survive.

[Dave&Roza 748]

My GF came to the US on an ESTA Visa. I proposed and we got married a week later. we filed for AOS and for AP on 12/20/13 she went to the bio-metrics appointment.

we were waiting for the advance parole to come through in time for our trip. it was a week before and she tried to apply for emergency AP which was denied. we were aware that leaving the country for our trip would cause her AOS to be abandoned. We came back yesterday 2/14/14, after a long detention by CBP she was let out with an appointment at USCIS in los angeles for 2/26/14. one thing the officer said was to not show up to the interview "empty handed". we're not sure what that means.

i was hoping that someone here might know what our next step should be. I know it was very risky leaving the country during this time and that she could have been denied entry. but by the grace of god she wasn't and now we have 11 days to figure out how to deal with our upcoming USCIS appointment. if anyone has any ideas or experience with this sort of things please let me know

thank for your time

My guess is that the CBP person is giving you the benefit of the doubt and that the reason you left without AP was due to some emergency and not just for a vacation. So by saying, "Do not show up empty handed" in my mind means to prove that you had a real emergency and they will let you slide. If that is not the case then the AOS will be denied and you will have to file for a spousal visa and go thru the entire process while she goes back to her home country (or at least outside the US). I am sure there will be some annotation that she cannot AOS in the US and will be required to leave before she overstays her current legal status.

All you had to do was postpone your trip until she had AP and she could remain in the US. Now you are going to have to file for the spousal visa and be apart while you go thru the process. You made your choice knowing it was risky, you got caught and now must live with the consequences of your actions.

Good luck,

Dave

Edited February 16, 2014 by Dave&Roza

[ValerieA 350]

I would go to the interview with proof of the emergency nature of the travel, but also with another I-485 filled out since theoretically your initial one was abandoned.

[Soul Froosh 31]

What was the nature of the trip?

[Hypnos 6,576]

Local offices do not accept I-485s for filing; family-based AoS cases must be filed with the Chicago Lockbox.

[badlo 1]

We went to Korea to participate in a mass wedding. where us and 2499 other couples were married in accordance to our religious beliefs. The appointment set up is an "order to appear deferred inspection".

[aussie_jason 195]

All you can do is be honest and bring as much supporting evidence to support your case as possible. I sure hope this wasn't just a honeymoon and there was a real emergency need to travel but that doesn't sound like the case if your request to expedite the AP was denied.

[Jawaree 717]

Don't show up without an atty & docs proving emergency....denial while on Esta has

no room for appeal, leaving the country was abandoning the process without approved

AP

[belinda63 3,038]

Was your AP issued after you left the country? It sounds like CBP was giving you the benefit of the doubt and thinking maybe you just forgot or lost your AP document. I don't really know what can happen as you are entitled to enter on the VWP but since you had AOS pending you should have had the AP document.

[ValerieA 350]

Local offices do not accept I-485s for filing; family-based AoS cases must be filed with the Chicago Lockbox.

That is a good point!

[ValerieA 350]

We went to Korea to participate in a mass wedding. where us and 2499 other couples were married in accordance to our religious beliefs. The appointment set up is an "order to appear deferred inspection".

That doesn't sound good; it doesn't seem like an emergency. Did they not give you a document explaining exactly what you were supposed to bring with you? At a guess, I'd figure that they want your spouse to bring their AP, hopefully it was issued before you left the country.

http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml

[christeen 966]

The "deferred inspection" part means that she was temporarily allowed enter pending this interview to determine if AOS was in fact abandoned. this mass wedding (i saw it on tv in the news, the Unification church wedding) will 99% NOT be considered an emergency. If marrying based upon your religious customs was important to you, it did not have to be done in the mass manner, it could have been planned. and they cannot "force" you to show up and participate. If you signed a contract that you guaranteed you would appear, I am sure you signed that you were legally permitted to attend and assume the responsibility for,this. I don't think USA gives two hoots about a church "ordered to appear" order. Their rules are what matters...

Unfortunately as others have said, you made this choice and committed yourselves to this mass wedding knowing the rules... Showing up empty handed was their way of saying "you better have proof that this was an emergency (like family health, death etc) or your SOL". If I were to venture a guess what will happen, I think they will determine that AOS was abandoned, she will have to leave the USA and you can then file for a CR1. I hope I am totally wrong... But I would look into what you spouse will do and make sure they have things arranged n their home country while they wait. Again, hope I am wrong... I also hope you at least had an amazing experience that you will cherish... But I think this one will bite u guys... Sorry.

[christeen 966]

I am guessing this was the event they attended

http://world.time.com/2014/02/12/thousands-marry-in-south-korea-mass-wedding