Wife going back Philippines due to a family emergency without green card

[SunflowerSweet 1,321]

Oh no I am very sorry to hear about your situation. It's one of my biggest fears honestly, since my fiance's mother is not in great health. It's usually a good idea to file for AOS as soon as you can, because of things like this.

I'm not going to repeat what others have said since they are correct in saying you will need to file the CR-1. But what I will say is you should be very open with your wife about this. Many people are saying she might regret leaving that's true... But my opinion is a little different. You may be apart again for another year but you will still have your entire lives together after that. Imagine if you something did happen to her father and she wasn't able to say goodbye to him. If I was in that situation I don't think I could forgive myself for asking my fiancé to stay with me.

I'm not trying to guilt you into anything, just explaining the other side of the argument. In the end it should be up to your wife that to do. It may be hard if she chooses to go, but remember that true love is selfless, and if it's meant to be then it will just be another road block you can get over eventually and be together.

Edited December 19, 2015 by MorganandMichael

[Hank_ 9,174]

My wife came to US with K-1 visa arrived on 10/16 and we got married a month later on 11/23. Her father has a serious stroke this morning and is admitted to hospital. Her family members did not say much about her dad's conditions and asked her to return to Philippines ASAP. She is under tremendous stress and will go back to Philippines tomorrow.

I have not file I-485 for AOS and as you know her K-1 visa is for single entry only. I asked her to take our marriage certificate with her and call US embassy next week. I am not sure what else can I do before she is leaving at 12 noon tomorrow. Should I or can I file I-485 after she left the country?

Please advice and thanks in advance!

This will be of little help but here is the USCIS info:

Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:

• A completed and signed Form I-131, Application for Travel Document
• The correct I-131 filing fee
• Evidence to support the emergency request (e.g. medical documentation, death certificate)
• Two passport-style photos.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel.

You cannot apply for AP, emergency or otherwise, until you've filed for AoS. Since you haven't filed an I-485, you cannot file an I-131 either.

This is all moot in regards to the OP, but ...

There is NOT a requirement to have filed the I-485 to file the I-131.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

[Hypnos 6,576]

There is NOT a requirement to have filed the I-485 to file the I-131.

You are mistaken.

Without having filed an I-485 there is no basis to receive Advance Parole.

[caliliving 606]

Have you explained to her that she wont see you for a year? And that you have to go through a more difficult and rigerous process? I know its an 'emergency' but it seems crazy that after waiting a year for a k1 visa she wouldnt at least understand!

As that one guy mentioned, it is so tough to be away from your loved one and this process is difficult enough having them here, imagine doing all this paperwork ALL OVER AGAIN in another country? Basically, the entire year waiting on the K1 was a waste! All you have to do is the paperwork for the AOS and she can have AP in 2 months!!!

I would question the fact that she is willing to go back so quickly (especially knowing how tough the process is). Maybe she just really wants to go home?

[AllanGrace 9]

Why not have her families back home take care of her father for now since they also know that she cannot just go back that easily? She needs to sacrifice for the sake of her being her with you. Once she leaves the country, you will start the process again and you know K1 is faster than the spouse visa. I have a friend same thing happened, her mother died but she can't go home because she don't have her gc yet. Sacrifice is needed sometimes for it to work.

[LetItSnow 3]

Thanks for the advise. She is fully understand the ramifications of the action.

I am quiet sure she does not want to go home and stay there for one year because she was so worried about that and kept asking me to promise her that I will apply CR-1 petition. I understand if her dad's condition is not live threatening, we will waste one year of time and resources. However, her dad who is a farmer maybe expect kids at his bad side when he is sick regardless. She is eldest sibling in the family and feels very strongly about taking care of her family.

She is already aboard a flight heading back to Manila today.

[Cathi 5,757]

File for Emergency AP Documents at your local office.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:

• A completed and signed Form I-131, Application for Travel Document
• The correct I-131 filing fee
• Evidence to support the emergency request (e.g. medical documentation, death certificate)
• Two passport-style photos.

How to File

To apply for an emergency travel document, you must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees. See the application for specific filing instructions.

Where to File

Where to file the Form I-131 depends on the benefit sought. See the form instruction pagefor details. Your local office may accept an emergency advance parole application if you are experiencing an extremely urgent situation. Business trips, weddings, holiday parties, and other planned events would usually not be considered an emergency situation. If you are filing Form I-131 for an emergency travel document at your local office based on an extremely urgent situation, you are encouraged to make an Infopass appointmentfirst. "Make an Appointment (Infopass)."

When to File

You must apply for the travel document before leaving the United States. Generally, an applicant for a travel document must also complete biometrics capture at an Application Support Center (ASC) prior to departure from the United States. Failure to do so may cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.

This information is wrong. The OP has not filed for AOS, so this is NOT an option. Read details before you post wrong information

[Cathi 5,757]

Shame on the posters telling this man his wife should not go home. This is her FATHER and his health and her being there for him is FAR more important than their having to wait for her CR-1. A year means nothing in the whole scheme of things considering this may be the last chance she ever has to see him. SMH

[JayJayH 546]

Thanks you all for such quick responses.

Apparently, I was far too optimistic on the issue and did not realize the consequences of the action for my wife to leave US without applying an emergency AP. I should have gone to the local office and submitted the application this afternoon. My wife is suspect her family members have been down playing her dad's conditions and I asked her to find out more details and see if she can postpone the trip at least till next Tuesday so I can file AP on Monday.

Thanks you all again!!! You guys are awesome!!

Above posters have given you excellent advice.

Some situations (like hers) can be extraordinary, and the USCIS understands this. That's why there is such a thing as emergency AP.

The problem when entering on a K-1 visa is that it's single entry only. Once used, it is effectively cancelled. It is no longer a valid visa. Legally it no longer exists.

When she tries to return to the US, the CBP's hands would be tied, no matter how understanding the officer is. They would not be able to let her into the country, simply because she wouldn't have a valid visa to enter on. The CBP cannot admit anyone without a valid visa (except under temporary humanitarian parole, for which this isn't relevant), and the CBP does not have authority to issue AP documents - Their job is only to check documents.

Likewise, the US embassy in Manila wouldn't be able to do anything. The embassy is part of the State Department, not Homeland Security (like CBP and USCIS). The State Department does not have authority or jurisdiction to adjudicate petitions or advance parole, only visas.. And they cannot issue a K-1 visa without an underlying, approved (and unused) I-129f petition. Hence, back to square one.

If she leaves without AP, you will start this process from scratch.

Whether she should leave or not is not up to me or any poster on this forum to decide. We can only give you immigration advice.

Edited December 19, 2015 by JayJayH

[EricAndOrn 30]

This information is wrong. The OP has not filed for AOS, so this is NOT an option. Read details before you post wrong information

And to you dear sir, please read the entire thread before commenting on a mistake I made which has already been realized and addressed.

[EricAndOrn 30]

Shame on the posters telling this man his wife should not go home. This is her FATHER and his health and her being there for him is FAR more important than their having to wait for her CR-1. A year means nothing in the whole scheme of things considering this may be the last chance she ever has to see him. SMH

Who are you to determine if this is FAR more important and to shame people in here? The only person able to make that determination is the OP's wife. Other people in the thread have been attempting to help, whereas you have not really contributed much to the issue other than criticising other people.

I realize my posts are off topic too and I will keep my mouth shut and not reply to anything that simply increases the noise level in here.

[Unlockable 7,314]

This is a painful, painful situation to be in and my heart goes out to the OP and his wife and her family. This is also an EXTREMELY SENSITIVE subject that I see is starting to be heavily debated. All I can say is the decision is that of the OP and his wife and should be respected as none of us would want to be in their position.

I will share something that I witnessed at one of my closest friend's wedding long ago. His wife's father is a Pastor and married his only daughter to my friend. During the ceremony he questioned his daughter in front of the church on the meaning of the marriage. He asked her directly if both he and husband were in need of food and she had to choose between giving food to either her father or her husband, whom would it be. After hesitating for a bit she said it would be her father. She quickly tried to explain that her husband was younger could survive without food. And in front of everyone her father told her she was wrong. Her father, the pastor, went on to explain that he is giving his only daughter away to this young man and in doing so he trust this man to protect and care for his baby girl. And in front of God, friends, and family they vow to put their immediate family (husband, wife, and children) before anyone else. If they are not willing to do that then they are not ready to be in a marriage. The pastor told his daughter that he already has a wife (her mother) to provide for him.

Now the example the pastor gave is a different than the situation the OP is going through but it immediately came to mind when I read this thread. In my views of marriage and children I have kept those words of the pastor to heart. I have read stories on here on how the spouse of a USC sends money to their relatives in her native country and has put financial strain on the own home. It's just a tough situation all around.

Good luck to all of you.

[walran 24]

Love my dad and my kids but wouldn't want them to come back and I wouldn't go back.. Have one of my employees that did the same thing for mother and it's been several years that he hasn't been able to get back.. You are looking at a year and then more if there are complications..

[walran 24]

I URGE to not let her do that!

I did something similar, all driven by emotions and came back to Brazil before my AOS was finalized. It´s being 7 months and counting that I don´t see my husband. Please don´t let her do that! It´s just so painful and costy to restart the whole thing again.

I wish someone had stopped me at the airport and put me back into my feet. Look up on myy timeline and you´ll see the journey this is being.

As much as I pray for your in law to get better, I´ve learned that when in this process we must be a little selfish.must be other ways for her to be present and supporting her family without being physically present. I learned that the hard way. Unfortunatelly, her family members will have to understand that she now has another family in another country and that she´s subject to a long and expensive process before she´s free to come and go whenever she wants. There If it was today, I would have never had done what I did.

Being physically present there won´t change anything after all. She can be there by other means.

It´s just too horrible and painful to go through all the journey again. It´s painful, very painful to be away from my husband for all this long and not knowing when I´ll be able to hug him again. Our lives were out on hold the second I boarded that plane.

PLEASE, TALK TO HER, OFFER HER COMFORT AND MAYBE ALTERNATIVES BUT DON´T LET HER GO BACK. PLEASE.

That´s just my personal experience and advice to you.

God bless your in law, your wife and all her family.

Marriage means that you put everyone else second in your life.. Not everyone sees it that way but from a biblical standpoint that is how it is. Tough decision but all the people who's mother's, father's, sibling's are dying never seem to die and the time and I certainly would not want to be the reason that my daughter or son was separated for a year from their spouse.

I know that my children love me and I love them.. That's enough..

[NikLR 13,227]

You can file the I-130 right away so that you're lessening the time apart.

Does she feel her family is making the situation sound worse than it is or better than it is? Does she have friends that can check in on her father before she leaves? Just to verify if she doesn't feel her family is being truthful to her?