LEFT USA WITHOUT ADVANCE PAROLE

[MO.FAISAL 0]

hi everyone

I am married to US citizen but due to some family issues i have to leave USA and I left without advance parole. now we both realized that we cant live separately. Is it possible to go back again as an immigrant.

Regards

FAISAL

[TBoneTX 45,305]

Because you have no authorization to re-enter the U.S., she'll need to file an I-130 petition, so you'll start all over with that. Sorry, and good luck to you.

[Pinkrlion 2,722]

Nope, you will have to start all over in your home country. This time you will have to file a I-130. Be prepared to answer at your interview why you left without AP.

[Hypnos 6,576]

The process will take about a year.

[Penguin_ie 5,993]

***** Moving from K1 to Travelling During US Immigration forum *****

[MO.FAISAL 0]

hello everyone

I am married to US citizen but due to some circumstances i left USA without taking ADVANCE PAROLE. Can i apply for ADVANCE PAROLE from my country and return to USA??. I have seen option in form i-131 shows "outside the USA and applying for ADVANCE PAROLE"

regards

mo.fai

[Girl from Celebes 588]

hello everyone

I am married to US citizen but due to some circumstances i left USA without taking ADVANCE PAROLE. Can i apply for ADVANCE PAROLE from my country and return to USA??. I have seen option in form i-131 shows "outside the USA and applying for ADVANCE PAROLE"

regards

mo.fai

I never seen that case on VJ so far. You have to ask your petitioner to file for I-130 for you. Did you apply AoS before you were leave?

[Zedayn 485]

Nope. Once you left the US before you applied AP you essentially abandoned the AOS process. You will have to start over with a spousal visa.

[Romet 28]

If you were here on a K-1 Visa... from my understanding is it is a ONE TIME ENTRY visa until you get your AP or greencard. There's a possibility you forfeited your visa and would have to start the process again.

I could totally be wrong. I found this online... (((I'm sure there's plenty of answers here on VJ as well)))

You Can Use Your K-1 Fiance Visa Only Once

A fiancé visa is good for only one entry, so you can’t go out and come back on it. If an emergency comes up before your marriage and you have to leave, try to make time to apply for a travel document (“Advance Parole”) at your local USCIS office, using Form I-131 (available for free download on the USCIS website). If you leave the U.S. without a travel document, the consulate may be able to re-validate your visa back in your home country, but it will take a hard look at your situation first. You could end up having to start over with a new fiancé visa petition.

[Zedayn 485]

If you were here on a K-1 Visa... from my understanding is it is a ONE TIME ENTRY visa until you get your AP or greencard. There's a possibility you forfeited your visa and would have to start the process again.

I could totally be wrong. I found this online... (((I'm sure there's plenty of answers here on VJ as well)))

You Can Use Your K-1 Fiance Visa Only Once

A fiancé visa is good for only one entry, so you can’t go out and come back on it. If an emergency comes up before your marriage and you have to leave, try to make time to apply for a travel document (“Advance Parole”) at your local USCIS office, using Form I-131 (available for free download on the USCIS website). If you leave the U.S. without a travel document, the consulate may be able to re-validate your visa back in your home country, but it will take a hard look at your situation first. You could end up having to start over with a new fiancé visa petition.

This is a rare occurrence and would not apply in the OP's case since he is already married. What happens in the situation that the K-1 visa holder has to return home for emergency reasons, the embassy can at their discretion re-issue the K-1 visa. They cannot re-issue a K-1 visa since he is no longer eligible for it.

Edited January 15, 2015 by Zedayn

[Girl from Celebes 588]

If you were here on a K-1 Visa... from my understanding is it is a ONE TIME ENTRY visa until you get your AP or greencard. There's a possibility you forfeited your visa and would have to start the process again.

I could totally be wrong. I found this online... (((I'm sure there's plenty of answers here on VJ as well)))

You Can Use Your K-1 Fiance Visa Only Once

A fiancé visa is good for only one entry, so you cant go out and come back on it. If an emergency comes up before your marriage and you have to leave, try to make time to apply for a travel document (Advance Parole) at your local USCIS office, using Form I-131 (available for free download on the USCIS website). If you leave the U.S. without a travel document, the consulate may be able to re-validate your visa back in your home country, but it will take a hard look at your situation first. You could end up having to start over with a new fiancé visa petition.

In a very rare occasion it could happened but the problem is, the OP is already married now and the K-1 visa is void to get re-validate. He could do this but if he did not maried before leaving the country.

[TBoneTX 45,305]

Similar-themed threads merged after having been moved from the K-1 Process forum. OP, the K-1 avenue is closed, so post nothing more there, please. You should study the CR-1 guides, because your wife must file an I-130 for you.

[raven52 233]

Maybe the Op did not understand what was going to happen, if leaving the USA before an AP, but it has happened.

Now, you can start the long road, which is the I-130, which is at least a year.

I "feel" for you, as it had to be very important, for you to leave the USA without your AOS, AP being issued.

Was it even applied for? Maybe that info. was there, and I just missed it. But, you just have a long "road to travel now."

[Redlove76 28]

On a previous topic the OP posted he said his AOS was denied.

[Hypnos 6,576]

Then his life in the US is over for now. It seems that the OP has a lot going on.

Edited January 16, 2015 by Hypnos