Urgent..Help! Left while AP pending

[Hopeful diva 99]

Since the previous i485 was withdrawn, AP/EAD is considered invalid. If he traveled with it, then it would have been considered to have abandoned his application and will end up being denied at the interview. Happened to me, travelled without an AP, came back into the US with my visa, went for my i485 interview months later and was denied. Reason for denial: I traveled without AP and my application was considered abandoned. 

[Hypnos 6,578]

File an I-130. 

 

Fire your lawyer. 

 

Figure out exactly how much overstay your husband has (post dates for everything he filed, withdrew, and post when he left if you need help with this). 

Edited August 3, 2017 by Hypnos

[MaleAlpha 314]

3 minutes ago, Hopeful diva said:

Since the previous i485 was withdrawn, AP/EAD is considered invalid. If he traveled with it, then it would have been considered to have abandoned his application and will end up being denied at the interview. Happened to me, travelled without an AP, came back into the US with my visa, went for my i485 interview months later and was denied. Reason for denial: I traveled without AP and my application was considered abandoned. 

So you were able to travel back into the US with your K1 or spousal visa again? I thought once you entered the US the first time, that visa was invalidated.

[Hopeful diva 99]

1 minute ago, MaleAlpha said:

So you were able to travel back into the US with your K1 or spousal visa again? I thought once you entered the US the first time, that visa was invalidated.

I had a B2 visa not K1

[MaleAlpha 314]

Just now, Hopeful diva said:

I had a B2 visa not K1

oh that makes sense. Thanks for clarifying.

[Boiler 46,086]

Being married 2 years means you can now get an IR1.

[Crazy Cat 42,263]

4 hours ago, Coco8 said:

I guess this is another advantage of doing a IR1/CR1 visa rather than K1.

Well said.  It's unfortunate that pitfalls like this exist for K-1s.

[mcdull 474]

7 hours ago, Ashmine said:

This is complicated. 

My husband left the country while his AP was pending due to a family emergency over the 4th of July weekend (we couldn't apply for an emergency waiver due to the holidays). 

He thought he could come back immediately because he has an unexpired AP/EAD card based on our original K1 (however, that card is based on a withdrawn 485...long story, but we reapplied immediately, so I don't believe he has any overstays) and because he has pending AP. 

Our attorney has advised he sit tight until his new card comes in. What he thought would be a few-day trip is turning into months and of course the AP process is dragging out (we're up to 79 days waiting and were just told it could be another 2-3 months). 
 

1. Can he come back now on his old card (it's expiring next week) with pending AP? 
2. Or is it best he wait for the new card? We've even asked the attorney if we should apply for a new visa (his expired and currently doesn't have one) and he said no.
3. Is this a situation where he can come into the country and we deal with it later, or will he be completely turned away?
4. Will it help if I come through customs with him?
   
   Any advice, solutions, are greatly appreciated. Hoping his heartfelt mistake doesn't turn into something long-lasting or permanent...Thank you. 

I think you have your answers from everyone.  And he cannot leave the US even with a pending Advanced Parole. It has to be approved before he left.

 

and it won't help if you went through customs, (you meant immigration) because you can't even get into sterile areas at airports.

[provec 5]

Abandoned 485's, family emergencies, what kind of family emergency warrants risking never getting a visa to the US again? You need to get real, people sacrifice their entire lives and loved ones to come here, I have seen them at O'hare arriving with plastic garbage bags for luggage.

It honks me off to see people with tentative legal permission to enter treating this country like a revolving door for tourists when their supposed intention was to live here  permanently.

If I were at the checkpoint I probably would not let the man pass.

He should not have gone.

 

[caliliving 606]

10 hours ago, Ashmine said:

@zilchfox and @geowrian ty both...this is solid advice and yikes. Not what I was hoping to hear at all. Do not want to wait up to a year to see my husband again waiting for a visa. :'(

What you are trying to do is FRAUD! Use an old ap...

 

No. He abandoned it, what did u think would happen???? U will have to apply again and wait over a year.

 

I have had emergencies in my life but u have to weight the pros/cons...theae things should be found out before u leave the country so u understand what you are going to have to do and nothing is a surprise. 

[Ashmine 2]

@caliliving wow you can calm down now. I'm just asking questions, we honestly didn't know what our options were if we did I wouldn't be posting to a message board in desperation. Not sure why you're making accusations like that my husband made a choice because he wanted to see his father before he died and that was the only thing on his mind and he honestly believed he could use his old card to come back while waiting for the new one. He simply didn't know. Now we do. Now we're going to be separated for who knows how long and that's not something we planned, or were mentally or emotionally prepared for, so have some sympathy, i don't need a pile on right now.  

 

Thanks for the advice everyone we're going to start the visa process now...this is not how we were planning to spend the next year at all. 

[Coco8 1,042]

Just now, Ashmine said:

@caliliving wow you can calm down now. I'm just asking questions, we honestly didn't know what our options were if we did I wouldn't be posting to a message board in desperation. Not sure why you're making accusations like that my husband made a choice because he wanted to see his father before he died and that was the only thing on his mind and he honestly believed he could use his old card to come back while waiting for the new one. He simply didn't know. Now we do. Now we're going to be separated for who knows how long and that's not something we planned, or were mentally or emotionally prepared for, so have some sympathy, i don't need a pile on right now.  

 

Thanks for the advice everyone we're going to start the visa process now...this is not how we were planning to spend the next year at all. 

 

The issue is that you could have gotten an emergency AP if his dad was in the hospital. It is better to find out these things. 

 

By the way, you never answered how long he was in the US after entering with the K1. Was he working? Those answers are important because you may need a waiver for the spousal visa which could add at least 6 months to your 12-14 months of spousal visa process. 

 

 

 

 

 

 

[caliliving 606]

20 minutes ago, Ashmine said:

@caliliving wow you can calm down now. I'm just asking questions, we honestly didn't know what our options were if we did I wouldn't be posting to a message board in desperation. Not sure why you're making accusations like that my husband made a choice because he wanted to see his father before he died and that was the only thing on his mind and he honestly believed he could use his old card to come back while waiting for the new one. He simply didn't know. Now we do. Now we're going to be separated for who knows how long and that's not something we planned, or were mentally or emotionally prepared for, so have some sympathy, i don't need a pile on right now.  

 

Thanks for the advice everyone we're going to start the visa process now...this is not how we were planning to spend the next year at all. 

I went through the same thing. I made sure everything was in order before I left because I knew the implications it would cause. 

[caliliving 606]

He could now be in an overstay position. You need to find out his entry/exit. 

[Tilia 75]

2 hours ago, provec said:

Abandoned 485's, family emergencies, what kind of family emergency warrants risking never getting a visa to the US again? You need to get real, people sacrifice their entire lives and loved ones to come here, I have seen them at O'hare arriving with plastic garbage bags for luggage.

It honks me off to see people with tentative legal permission to enter treating this country like a revolving door for tourists when their supposed intention was to live here  permanently.

If I were at the checkpoint I probably would not let the man pass.

He should not have gone.

 

I am sorry, I disagree completely. Family should come before immigration, imo.