Question Regarding Advance Parole and Leaving for a While

[USAVietnam 0]

My wife and I were married in December 2016 and our file date for her AOS was on January 3rd, 2017. Our predicament is this:

 

She is supposed to go back to her home country to teach a course which she was contracted to teach. She postponed this course for many months to wait for the advanced parole. We received her Advance Parole many months ago, but we figured, we we would just wait until she got her green card which we anticipated to get in about August 2017. It doesn't seem like that is going to happen, I spoke with an immigration lawyer and it is looking more like November 2017 to get her green card. 

 

To add to the this, we learned that my wife is pregnant and is due in January 2018! We plan on having the baby in her home country. Honestly, it's difficult to get her care here because she doesn't have insurance yet since she's not a permanent resident. We'd like to go back to her home country in September so we can get her the best care that we can, paying out of pocket for her doctor visits is reallllllyyyyy expensive here and affording a birth here without insurance would be insane. 

 

We are planning to stay in her home country for a while, but I heard that you should not leave for more than 1 year because it messes with the Green Card Application. 

What happens to the Green Card process if we leave in September 2017 and don't come back until say, May or June 2018? What happens to the interview? Can we do the interview from abroad at the US embassy or no? 

 

Is it not advised to leave for that amount of time? I mean, she has the advance parole and a very legitimate, documented reason for her to go back to her home country.

 

Any advice would be much appreciated! Thank you.

 

[Roel 7,192]

If I were you, I would not leave. Advance parole was meant for short trips or emergencies. Imo if you leave for months or a year, uscis will just consider your aos abandoned. 

[Cyberfx1024 7,980]

15 minutes ago, USAVietnam said:

My wife and I were married in December 2016 and our file date for her AOS was on January 3rd, 2017. Our predicament is this:

 

She is supposed to go back to her home country to teach a course which she was contracted to teach. She postponed this course for many months to wait for the advanced parole. We received her Advance Parole many months ago, but we figured, we we would just wait until she got her green card which we anticipated to get in about August 2017. It doesn't seem like that is going to happen, I spoke with an immigration lawyer and it is looking more like November 2017 to get her green card. 

 

To add to the this, we learned that my wife is pregnant and is due in January 2018! We plan on having the baby in her home country. Honestly, it's difficult to get her care here because she doesn't have insurance yet since she's not a permanent resident. We'd like to go back to her home country in September so we can get her the best care that we can, paying out of pocket for her doctor visits is reallllllyyyyy expensive here and affording a birth here without insurance would be insane. 

 

We are planning to stay in her home country for a while, but I heard that you should not leave for more than 1 year because it messes with the Green Card Application. 

What happens to the Green Card process if we leave in September 2017 and don't come back until say, May or June 2018? What happens to the interview? Can we do the interview from abroad at the US embassy or no? 

 

Is it not advised to leave for that amount of time? I mean, she has the advance parole and a very legitimate, documented reason for her to go back to her home country.

 

Any advice would be much appreciated! Thank you.

 

Did she already do biometrics? What are you going to do if y'all get picked for a interview? 

 

Do you have insurance at all, and why does she need a PR in order to get insurance? When my wife came here I put her on my work plan ASAP and we didn't even send the paperwork to do the AOS when I did that. We already had her SSN and did it like that. What is the hold up for her to have insurance? 

 

No, you can NOT do the interview abroad at a US embassy. If you guys get picked for a interview and either one of you two don't show up or no one does then her AOS is DENIED. The US government does not consider that a documented reason for her to be out of the country for a extended period of time. Heck, people that leave for extended periods of time due to sick relatives have a hard time getting back in the country. So why do you think your wife won't have a hard time? If you leave the country for over a year without the extension stamp it is basically meaning that you abandoned the green card. 

 

AP is for leaving for short periods of time, not for leaving for a extended stay. Why didn't y'all just go the CR-1 route instead? 

Edited July 14, 2017 by cyberfx1024

[USAVietnam 0]

Okay thank you for your input and the information. I am self-employed so the only way I could see getting her health insurance would be through Obamacare. I was looking through the requirements and it says that for a person to qualify for Obamacare, they need to have a green card. 

 

She already did her biometrics many months ago. 

 

I don't think the the CR-1 visa would apply to us. We met 2 years ago as she was studying her masters here. She had to go back to her home country, then in October 2016, she came here to stay with me intending to stay for 3 months. We decided to get married in November 2016, and thus started the immigration process. 

[Cyberfx1024 7,980]

32 minutes ago, USAVietnam said:

Okay thank you for your input and the information. I am self-employed so the only way I could see getting her health insurance would be through Obamacare. I was looking through the requirements and it says that for a person to qualify for Obamacare, they need to have a green card. 

 

She already did her biometrics many months ago. 

 

I don't think the the CR-1 visa would apply to us. We met 2 years ago as she was studying her masters here. She had to go back to her home country, then in October 2016, she came here to stay with me intending to stay for 3 months. We decided to get married in November 2016, and thus started the immigration process. 

 

You have the AP so that means she can get insurance. 

 

I was stating about the CR-1 visa on why you two didn't get married and file for it if you knew she was going to be out of the country a short time after arriving here?

[Lupigirl 67]

I am added to my husband's insurance (Obamacare) and you do not need to be a permanent resident.  You simply need to show that you have the legal right to be here, even if it's temporary.  The list of acceptable documents to prove eligibility includes an EAD and even just the I-797 (NOA) with the applicant's alien number.

[USAVietnam 0]

Thank you for this information, I was unaware of this and will look into this further. Thank you!

[MLK2016 201]

If the baby is born here, automatically a US citizen.