I-131: USCIS thinks my spouse left the country but she never did.

[bolgre 0]

Hi,

 

We are applying for a permanent residency for my wife.

I received the letter asking for initial/additional evidence for I-131 - Application for Advance Parole.

 

=====

This office is unable to complete the processing of your Application for Advance Parole, Form I-131, without additional information. Please submit the information indicated below.

 

USCIS records indicate that you have departed prior to the approval of your Advance Parole. <…>

A.  You are an H, L, V or K3/K3 nonimmigrant who is maintaining lawful nonimmigrant status and you return with a valid H, L, V, or K3/K4 non immigrant visa; OR
B. You obtain, before you leave the United States, a grant of advance parole.

 

Please provide evident that you have obtained an Advance Parole document prior to your departure or a valid H, L, V, K3/K4 Visa. If you did not depart the United States, please provide evident that you did not depart the United States.
========

 

My wife entered US in 2012 with her US travel visa and never left the country since 2012. I-94 history is also saying it.

After 2012 until now, she kept all proper status - F-1 (student) then H1-B, just never traveled outside of the US.

So I don't think she has departed prior to the approval of her Advance Parole.

It seems like we need to prove that she didn't leave the country but not clear how we can prove.

 

What we think are:

(1) I-94 history showing that the last entry was Feb 2012.

(2) All pages in the current passport and the expired passport (that she used to travel to US last time. She got a new one from the Embassy in the US)

(3) Notarized letter stating that she didn't leave the country.

(4) All I-20s and EAD, H1-B visa showing that she legally stayed in US after that. (Already submitted them, but just in case)

 

Is there anyone who had a similar experience and/or knows how to deal with this problem?

 

Thank you very much for your help!

 

- E

 

 

 

Edited February 14, 2017 by bolgre

[Transborderwife 4,666]

Did she ever have a return flight that wasn't cancelled?  If so, that could be the culprit.

 

Any records tying her here (bank statements with purchases, school records, rent slips etc) are helpful.

[Unlockable 7,315]

Does she have a name that is common in her country?

[Hypnos 6,578]

Your plan is sound. Ensure that your sworn statement/affidavit is comprehensive because that's probably the one they'll pay the most attention to. 

[bolgre 0]

56 minutes ago, Transborderwife said:

Did she ever have a return flight that wasn't cancelled?  If so, that could be the culprit.

 

Any records tying her here (bank statements with purchases, school records, rent slips etc) are helpful.

No, she bought one-way for the first time to US (back in 2004), then she always got a round trip ticket.

Thank you for your suggestion. I will put those records if we can find.

 

-E

 

 

[bolgre 0]

29 minutes ago, Hypnos said:

Your plan is sound. Ensure that your sworn statement/affidavit is comprehensive because that's probably the one they'll pay the most attention to. 

Thank you for your suggestion. We will make sure about that.

 

-E
 

[bolgre 0]

52 minutes ago, NuestraUnion said:

Does she have a name that is common in her country?

This is an interesting point, and yes she has extremely common first name and last name.

I am still wondering how this misunderstanding happened, but I think this is really possible.

-E