Urgent..Help! Left while AP pending

[Coco8 1,042]

1 minute ago, Tilia said:

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

She is his family too!

[Boiler 46,086]

The only thing that really matter now is if a waiver will be needed, he was here 2 years it seems.

[theanswerisdance 144]

1 hour 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. 

Sorry you're getting beat up in here by some, but I'm glad you've gotten genuine advice from others.

 

Those of you who have had the fortune of never being faced with making the choice between an immigration status and the death of your parent can consider yourselves lucky. It's really easy to jump down someone's throat and claim they aren't taking the immigration process seriously when you haven't actually been in their shoes. Unless and until you've gotten that phone call saying your parent is on death's doorstep, you can't know what decision you would make. In hindsight, I'm sure OP would have done all the research necessary to obtain emergency AP, but believe it or not, USCIS usually isn't the first thing on a person's mind when they get the news that their parent is dying.

 

In the midst of our immigration journey, I got a call from doctors saying that my formerly robust, healthy, vibrant mother would likely not make it to see Christmas back home in Canada. I was in shock and not thinking as sensibly as I might usually, and I'm an insanely organized person generally. Fortunately I was able to be there with her without jeopardizing my status, but I was prepared to sacrifice it and start from scratch if that's what was necessary, as was my very supportive husband. 

 

OP, I wish you the best in jumping through the hoops again.

[caliliving 606]

1 hour ago, theanswerisdance said:

Sorry you're getting beat up in here by some, but I'm glad you've gotten genuine advice from others.

 

Those of you who have had the fortune of never being faced with making the choice between an immigration status and the death of your parent can consider yourselves lucky. It's really easy to jump down someone's throat and claim they aren't taking the immigration process seriously when you haven't actually been in their shoes. Unless and until you've gotten that phone call saying your parent is on death's doorstep, you can't know what decision you would make. In hindsight, I'm sure OP would have done all the research necessary to obtain emergency AP, but believe it or not, USCIS usually isn't the first thing on a person's mind when they get the news that their parent is dying.

 

In the midst of our immigration journey, I got a call from doctors saying that my formerly robust, healthy, vibrant mother would likely not make it to see Christmas back home in Canada. I was in shock and not thinking as sensibly as I might usually, and I'm an insanely organized person generally. Fortunately I was able to be there with her without jeopardizing my status, but I was prepared to sacrifice it and start from scratch if that's what was necessary, as was my very supportive husband. 

 

OP, I wish you the best in jumping through the hoops again.

I did get that phone call and I made sure all my ducks were in a row before I left. And it was the hardest decision to make but I knew my life would only be worse if i would have left. I alson knew if I left what I would have been facing to come back...a 3 year wait and a waiver. So yes I missed my dad's funeral 

And yes, at the end of the day family is more important but unfortunately by myself leaving my life w my husband was ruined. Trust me, it was the hardest decision of my life but i couldn't bring my dad back from the grave. If i left my husband and I would have faced harder problems. And yes, I researched everything in the moment of stress and anxiety and it was awful:( 

Edited August 4, 2017 by caliliving

[theanswerisdance 144]

4 minutes ago, caliliving said:

I did get that phone call and I made sure all my ducks were in a row before I left. And it was the hardest decision to make but I knew my life would only be worse if i would have left. I alson knew if I left what I would have been facing to come back...a 3 year wait and a waiver. So yes I missed my dad's funeral 

And that's good that you were able to get your ducks in a row (though sad that you had to miss your dad's funeral). We all respond to tragedy differently and make different decisions during crises. We also may all rank our priorities in different orders when it comes to family and immigration. I was prepared to take a ban if it came to that; being there for my mother was worth it. But it seems very apparent that OP didn't need, 3 pages in, to continue to be criticized, in posts that were absent of any constructive advice, and made to feel even more terrible for a decision that had already been made -- especially when they came here seeking help and support.

[caliliving 606]

16 minutes ago, theanswerisdance said:

And that's good that you were able to get your ducks in a row (though sad that you had to miss your dad's funeral). We all respond to tragedy differently and make different decisions during crises. We also may all rank our priorities in different orders when it comes to family and immigration. I was prepared to take a ban if it came to that; being there for my mother was worth it. But it seems very apparent that OP didn't need, 3 pages in, to continue to be criticized, in posts that were absent of any constructive advice, and made to feel even more terrible for a decision that had already been made -- especially when they came here seeking help and support.

The OP also tried to use an old visa to defraud the government border which is not allowed. 

[Cathi 5,784]

Your only option at this point is an an I-130  for an IR1. You will just need to figure out of he overstayed and if so he''ll need a waiver(sounds like he will but you still haven't given dates). The good news is that you've been married for more than 2 years so he'll receive an IR1 and he'll receive a 10 year green card, he won't need to remove conditions. Keep us updated.

[Dashinka 24,786]

5 hours ago, Boiler said:

The only thing that really matter now is if a waiver will be needed, he was here 2 years it seems.

I agree.  With a 2 year marriage and deducing the dates it seems he entered the US on a K1 back in May/June 2015, got married and filed an initial 485/131/765 that was withdrawn removing the forgivable overstay.  A new AOS/AP/EAD was filed almost immediately re-starting the forgivable overstay again deducing sometime in March or so of 2017 (deduction based on no AP yet in late June/early July when he left and counting back four months).  Now that he has left and it appears abandoned the second AOS, I believe the entire two years would be counted as overstay less the 90 days of the K1.  I could be wrong, but it seems a waiter would be necessary with a new IR1 submission.

 

Note, my dates are pure guesses based on the information from the OP.

[geowrian 22,338]

3 hours ago, Bill & Katya said:

I agree.  With a 2 year marriage and deducing the dates it seems he entered the US on a K1 back in May/June 2015, got married and filed an initial 485/131/765 that was withdrawn removing the forgivable overstay.  A new AOS/AP/EAD was filed almost immediately re-starting the forgivable overstay again deducing sometime in March or so of 2017 (deduction based on no AP yet in late June/early July when he left and counting back four months).  Now that he has left and it appears abandoned the second AOS, I believe the entire two years would be counted as overstay less the 90 days of the K1.  I could be wrong, but it seems a waiter would be necessary with a new IR1 submission.

 

Note, my dates are pure guesses based on the information from the OP.

Actually, the unlawful presence does not accumulate while there is authorized stay. So at any point where the I-485 was still pending, unlawful preference doesn't count. If the I-485 was withdrawn but re-filed right away, then there would be a minimal days of unlawful presence.

 

So to calculate the accumulated unlawful presence, we really need to know:

1. When they entered the US (90 days legal stay)
2. When the first I-485 was filed
3. When the first I-485 was officially withdrawn/rejected/denied
4. When the second I-485 was filed

Either way, the OP needs to file for an IR-1. If there is a ban for unlawful presence, then a waiver is needed. The calculation above is really just to find out if there is a ban, but doesn't really change the nest steps.

Edited August 4, 2017 by geowrian

[Shauneg 762]

I guess it matters on the family too.  I know either of my parents would kick my ### if I left in that situation risking my status and relationship with my spouse to make their funeral.  Each individual must make their own choices.

[HackyMoto 13]

12 minutes ago, Shauneg said:

I guess it matters on the family too.  ........Each individual must make their own choices.

Exactly

[Ryan H 3,834]

~~~Closed for review~~~

 

***Thread back open, one post violating the TOS (personal attack and language filter evasion) removed.  Stick to answering the OP's questions or do not post.***

 

Edited August 4, 2017 by Ryan H

[Tilia 75]

On 8/3/2017 at 10:19 PM, Coco8 said:

She is his family too!

 

 1. The comparison was family versus living in the US.

 

2. Your father dying trumps spending time with your wife.

[Dashinka 24,786]

18 hours ago, geowrian said:

Actually, the unlawful presence does not accumulate while there is authorized stay. So at any point where the I-485 was still pending, unlawful preference doesn't count. If the I-485 was withdrawn but re-filed right away, then there would be a minimal days of unlawful presence.

 

So to calculate the accumulated unlawful presence, we really need to know:

1. When they entered the US (90 days legal stay)
2. When the first I-485 was filed
3. When the first I-485 was officially withdrawn/rejected/denied
4. When the second I-485 was filed

Either way, the OP needs to file for an IR-1. If there is a ban for unlawful presence, then a waiver is needed. The calculation above is really just to find out if there is a ban, but doesn't really change the nest steps.

Thanks for clarifying.  I was wondering if the time of authorized stay reverted to unauthorized stay if the 485 was withdrawn or abandoned.