If 2 yr Green Card is abandoned?

[extremebuilder 0]

Greetings

Im looking for some guidance with the immigration process.

My wife arrived on K1 Visa from Ukraine. We were married within 90 days. Filed for AOS in July. Biometrics are done.

The problems:

1. We are still waiting on decision or interview for Green Card.

2. We did not file for the "advance parole" document. I know. This was big mistake. We thought you must have certain dates for travel as asked for on form. We did not have plans for her to travel and would wait for Green Card. Did not realize it would take oever 4 months.

3. EAD form was filed but it has not arrived. USCIS informs it has been mailed and wait another 30 days before contacting again.

The bigger problem:

My wife must travel back to Ukraine in a 2- 3 weeks. The reason would not be a life or death situation in the eyes of USCIS but it is a very real situation in her family and life.

I sent form for "advance parole document" this week with letter I know this will take 3 months but thought I would give it a try. I see where they could send document to Ukraine if they see good reason. I know it wont happen. If she leaves country she will abandon Green Card. I think the Green Card interveiw will be scheduled while she is away.

We are thinking about abandoning the AOS process and start over. Will we have problems filing a new petition for married couple (I-130)? Will they see red flags with this? Is this the correct route to take? It seems our life has been on hold and we cant wait any longer.

Thanks

[Anonymous885 44]

If she leaves US without Green Card or AP card, then her AOS will abandon and she cant go back to US unless she has a valid visa. She and you have to start I-130 while you guys are apart.

[extremebuilder 0]

Thanks for response

Yes I know this. She has received Visitors Visa's in the past. We have that option. I trying to find out if filing 2 types of petitions for the same person is going to cause problems.

[msbau764 245]

Thanks for response

Yes I know this. She has received Visitors Visa's in the past. We have that option. I trying to find out if filing 2 types of petitions for the same person is going to cause problems.

You will have a difficult time (possibly) with the visitor's visa considering she has demonstrated immigrant intent with the K1 visa. Unless it is a life or death situation, I for the life of me could not understand waiting an extra month (or few weeks) to get a green card. What do you think about it?

[extremebuilder 0]

Well, of course waiting a few weeks would not be a problem if I was 100% sure when GC would arrive or interveiw would happen. As you know from reading the forum some things are consisitant and some not. The system is a very screwed up entity.

If I could call and get a clear answer on my specific petition, this would releive many headaches. As with many people who file petitions it is wait and see. I dont know if it would be 2 weeks or a year.

Sometimes its more than life or death. As you become older you take on more responsibility for yourself and other people. Vice versa, more people come to depend on you. My wife and I are in our 50's so our life and death problems might be different than someone in their 20's. But I understand the question of why not wait. Its not for us at the moment.

Edited December 13, 2014 by extremebuilder

[Lemonslice 4,915]

Why not try to make an Infopass appointment that a situation arose and that you would need the Advance Parole now? Worth trying...

[msbau764 245]

Well, of course waiting a few weeks would not be a problem if I was 100% sure when GC would arrive or interveiw would happen. As you know from reading the forum some things are consisitant and some not. The system is a very screwed up entity.

If I could call and get a clear answer on my specific petition, this would releive many headaches. As with many people who file petitions it is wait and see. I dont know if it would be 2 weeks or a year.

Sometimes its more than life or death. As you become older you take on more responsibility for yourself and other people. Vice versa, more people come to depend on you. My wife and I are in our 50's so our life and death problems might be different than someone in their 20's. But I understand the question of why not wait. Its not for us at the moment.

When I meant life or death, I meant ask yourself this question: "will not going to Ukraine on x date materially affect my life or someone else's life in an unalterable way?" "Are the consequences of attending x matter a month or two months later so great that the benefits of waiting cause emotional or economic pain that is unforgivable?" To each his own. The easiest thing to do would be to wait. If her tourist visa is denied (which is a very likely possibility given the strange circumstances regarding her potential departure and given she has demonstrated a clear intent to immigrate) brace yourself for having to be apart for 12-16 months give or take a few for the spousal visa application.

Good luck!

Edit: you are not a year away from a greencard, likely a few weeks or at most a month.

Edited December 13, 2014 by msbau764

[saphina 7]

I would also suggest the to try the info pass route. They can issue you an AP on the spot.

From my personal experience: I filed for the EAD/AP and GC at the same time. At my biometrics appointment I laid down my situation which is not life or death but very very important to me personally and my family. The gentleman said that I should come back a week before I need to travel in case I haven't received my AP by then and actually explain the situation to the officer (or what the decision makers are called).

I did not receive the AP, went back and received a number. They asked me to write down the reasons why and for how long I would be gone and then I waited. I got called and talked to someone for about 5 minutes and ended up walking out of there with my AP! (Of course while I'm in my home country the EAD/AP arrives)

It's dfinietly worth a shot before abondening AOS. It would safe you a lot of money and time.

[AB loves AG 54]

Edit: you are not a year away from a greencard, likely a few weeks or at most a month.

My AOS NOA1 and biometrics were in May, I'm still waiting. Not sure that a few weeks or month is accurate.

Edited December 14, 2014 by AB loves AG

[reneegh724 14]

Our AOS NOA 1was in April with biometrics, RFE (I didn't include an instruction page ) in early May, waiver letter in July and still haven't heard anything... I personally would not risk it but to each his own, good luck with whatever you decide.

[NikLR 13,228]

Your wife will have a MUCH harder time getting a visitor visa now that she is married to a USC. Almost nil to be honest.

If you want to spend the next 18 months apart, then by all means, she can abandon the process.

Try the infopass, and contact your congressman's liaison about getting AP so she can go do whatever it is she needs to go do.

[Boiler 45,727]

Your wife will have a MUCH harder time getting a visitor visa now that she is married to a USC. Almost nil to be honest.

If you want to spend the next 18 months apart, then by all means, she can abandon the process.

Try the infopass, and contact your congressman's liaison about getting AP so she can go do whatever it is she needs to go do.

A few things I would add

You said you applied for EAD, they come together now with AP.

A visitor visa is for visiting, assuming she wishes to go through the Immigration process she could if she gets one use it for visiting during the process. Long process.

[Brother Hesekiel 2,236]

If your wife leaves the US without AP, AoS is considered abandoned by default and she'll need a CR-1/IR-1 in order to return. Takes about a year.

She won't get a B2 again because she has immigrant intent. That aside, entering the US with a non-immigrant visa and the intent to adjust status is a felony and would get her barred from the US for life. It's one thing to get married on a vacation "out of the blue" and then, surprise!, wanting to stay, but leaving as a married woman and returning as a tourist and then trying to adjust is immigration suicide and an easy feather on the hat of an I.O.

I'd try to get emergency AP. If that doesn't work, and your wife is not a world-renown neuro surgeon needed to save her parent's life, I'd postpone that trip. Life is all about choices, and here you guys have a choice.

Edited December 14, 2014 by Brother Hesekiel

[Dave&Roza 748]

If you look at the NEW I-131 form's instructions (see the note under #3:it is not much but it does give some hope) it now states that if you have filed for AOS and have to leave the country you may be allowed back in based on the original visa (K-1) and that you have filed for AOS. Now would I leave without the porper documentation, no. I would go the INFOpass route first and if she really has to leave the US have her do so. Her real issue will be trying to get on an airplaneto come back into the US. Most airlines want to see a visa or GC or that you are using the VWP before they left you board the aircraft. She could try to go to the US Embassy. If all works out great. IF not, atleast you understand you will have to apply for the spousal visa using the I-130 form and she will have to wait it out in the Ukraine.

Good luck,

Dave

[NikLR 13,228]

A few things I would add

You said you applied for EAD, they come together now with AP.

A visitor visa is for visiting, assuming she wishes to go through the Immigration process she could if she gets one use it for visiting during the process. Long process.

I would think that you'd still have to apply for AP.