Left the Country while Advance Parole and AOS were still pending

[Jon and Krissy 452]

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".

Moonies? For real?

[belinda63 3,038]

Please refrain from person judgment. A person has the right to practice whatever religion they choose to or to not practice any religion if they so chose. The reason they left is only relevant if it was a true emergency, which it was not.

[Harpa Timsah 13,258]

Why would you book another flight to leave after the deferred inspection appointment? There is a chance she would be admitted. I would quick being so quick to leave the country, if she is trying to live here.

[Sirdaniel42 86]

Please refrain from person judgment. A person has the right to practice whatever religion they choose to or to not practice any religion if they so chose. The reason they left is only relevant if it was a true emergency, which it was not.

[Cathi 5,748]

Moonies? For real?

There is freedom of religion in this country and it is not for you to judge them, or a anyone else for that matter!

[cdneh 3,112]

I know a couple of people that follow this religion. They call themselves moonies. I'll tell them straight away how naughty they are being.

[Franciscus 32]

I know a couple of people that follow this religion. They call themselves moonies. I'll tell them straight away how naughty they are being.

First, can't help but thinking how this statement would look if you replace religion by race, and "moonies" by a certain N word.

Second, it is a pejorative term when used by outsiders. Look it up.

[Jon and Krissy 452]

There is freedom of religion in this country and it is not for you to judge them, or a anyone else for that matter!

Yes, people are free to join barking mad cults. People are also free to criticize, judge, etc. It's called freedom of speech, that's there in the bill of rights too. (Neither is applicable to a private forum, of course, the owners are free to remove this message, for example).

[badlo 1]

Why would you book another flight to leave after the deferred inspection appointment? There is a chance she would be admitted. I would quick being so quick to leave the country, if she is trying to live here.

as a sign of good faith. while we hope they won't require her to leave the country if they do require it, we want to do it on our own terms to avoid any bans being placed. if she is admitted, and we really hope that this is the case, we'll be out 30k miles and $40. so not a bad trade imo.

[Cathi 5,748]

Yes, people are free to join barking mad cults. People are also free to criticize, judge, etc. It's called freedom of speech, that's there in the bill of rights too. (Neither is applicable to a private forum, of course, the owners are free to remove this message, for example).

So? It doesn't give you the right to be a judgmental azz. which is what you are being.

[loladolly 51]

Wow....

I don't even understand how she was let in... how could she be paroled in without AP?? I don't understand why she wasn't put directly on a flight back to Germany. Is it a mistake from the cbp agent? The VWP is not even applicable in her case since she has obvious immigrant intent they would never let her in using it...

If she is admitted this is going to give ideas to some folks to do the same thing. But i really don't get on what ground she got a deferred inspection since her I485 will be denied and she cannot refile from within the US.

Well i am curious to know what happens...

[ValerieA 350]

Wow....

I don't even understand how she was let in... how could she be paroled in without AP?? I don't understand why she wasn't put directly on a flight back to Germany. Is it a mistake from the cbp agent? The VWP is not even applicable in her case since she has obvious immigrant intent they would never let her in using it...

If she is admitted this is going to give ideas to some folks to do the same thing. But i really don't get on what ground she got a deferred inspection since her I485 will be denied and she cannot refile from within the US.

Well i am curious to know what happens...

Why can't they refile from within the US?

[Mark88 183]

If the attorney suggested a K-3 that's a very big clue that you should see a different attorney.

I agree, if the attoney suggested this, you wasted a lot of money on him.

Process for cr1 has been in the 12-16 month range currently.

That is correct if the I-130 is processed over a US visa service center. If the I-130 is refiled in Frankfurt for DCF she can have her visa in hand in just a couple months or even weeks. OP, show this link to your wife, since I guess she is able to read German http://www.talkaboutusa.com/viewtopic.php?t=26190

You will however need ot meet the residency requirements inable to file over Frankfurt.

would the CR-1 still be the better option in this situation?

CR-1 always having the advantage of a better approval rate and you don't have to file (much, if any) paperwork once she is back in the US. Also she receives her (temporary) green card at the border and can work, study or do whatever she wants to right from the beginning.

12-16 months...geez my night keeps getting better and better...where are you getting these times from?

They are based on the VJ'ers timelines, and it does seem very realistic at the moment.

he attorney said that we can file to have a change of venue for the i-130 to the US consulate in Germany.

Another indicator that this attorney is a total waste of money. As mentioned above, Inable to file an I-130 over Frankfurt you would have to live a certain amount of time in Germany. Also YOU can't change the venue.

as a sign of good faith. while we hope they won't require her to leave the country if they do require it, we want to do it on our own terms to avoid any bans being placed. if she is admitted, and we really hope that this is the case, we'll be out 30k miles and $40. so not a bad trade imo.

Don't count on it beeing on your own terms. If you have an IO in a really bad mood on the day of the interview, they might detain her at the USCIS office and send her back the same or next day on a flight to Germany.

OK then we should file the i129f? Or the cr-1?

CR-1

Cases like this is where Lawyers make their money.

?

It suprises me too, that she was let back in. OP, your wife got very lucky to be even here at the moment and not put back on the next flight to Germany.

If I would have to make a prediction, your wife will probaly be called in for questioning why she left the country and abondend her AOS. The reason to leave for a (church) wedding will not be credited as an emergency. You could have simply waited for the next mass ceremony to be perfomed, since your civil union was all that is needed to get the immigrations stuff going.

One way or the other she will go back to Germany, and if all goes smooth will be back in the US within a year.

Viel Glück.

[Jawaree 717]

Cases like this is where Lawyers make their money.

Ditto....One should be present, as she may just be detained,

and depending on how much was revealed or not to CBP

there can be possible mis-rep upon entry, it theor word against

yours. zher putting her much needed stuff together in a

suitcase and storing it in the car on interview day is not a bad idea.

[badlo 1]

UPDATE:

We had our Deferred Inspection on 2/26/14.

Based on your advice we retained an attorney. He told us that likely we will have a court date set and then the have to appear before a judge for deportation proceedings.

He was confident that this was not a big deal as we would just have to refile the I-485 and the case would be dismissed.

He also thought that there might be a way to revive the current I-485 and so at his advice we didn't refile right away.

We called the CBP office on monday 2/14 and were informed that her file had not been received yet from SFO. and that it can take up to 30 days to receive a file. (it had been 14 days).

We proceeded to the DI and were asked if we had refiled the I-485. We told them that we had not. The officer brought my wife and lawyer into the office and asked a few questions.

He asked if she had been told by the SFO CBP that she should have filed the I-485 and brought the Receipt with her. She said no.

He asked if they had taken her passport. She said no and produced said passport.

The officer rolled his eyes and looked frustrated. (quote from my wife on the officer's demeanor, as i was not in the room)

He then said that since they didn't have the file yet, there was not much else he could do to proceed.

He gave her a 60 day parole extension in her passport and told the attorney that she should bring an I-485 receipt next time and the case will be dismissed.

We are now refiling the I-485 and verified that my I-130 petition is still active.

Thanks for all your help

I'll keep everyone updated on our progress

Edited February 28, 2014 by badlo