Loose back card traveling to China back to USA on K 1 Visa

[Mike122413 0]

1 minute ago, Jojo92122 said:

Did your wife receive a card in the mail?  Yes or no.

No Jojo92122

 

[Jojo92122 1,924]

Did she get an I-512?  Anything that said I-512?

[Unidentified 2,930]

1 minute ago, Mike122413 said:

No Jojo92122

 

Did she receive a paper from USCIS? If she didn't get a card in the mail, or a letter in the hand from USCIS local office. She has nothing that will let her come back into the country. 

[Mike122413 0]

No emergency forms, I think we jumped the gun on her traveling

 

[Jojo92122 1,924]

USCIS issues the I-512 Advance Parole.  It's a card or a letter.

 

The I-512 AP can not be obtained at the airport.  

[Unidentified 2,930]

1 minute ago, Mike122413 said:

No emergency forms, I think we jumped the gun on her traveling

 

Then I am sorry to say you will have to file for a spousal visa which will take about a year. 

[Jojo92122 1,924]

When did she file for AOS and AP?  When did she leave the US?  Best if you can give us exact dates.

 

Your VJ timeline shows that your wife received AP about 80 days after you filed.  Is this correct?

 

Did your wife get anything in the mail aside from the NOA1 receipt?

Edited June 30, 2018 by Jojo92122

[Mike122413 0]

AOS 

Date Filed 2017-10-17 

NOA Date 2017-10-25

Advance Parole

Date Filed  2017-10-18

NOA Date 2017-10-18

10 minutes ago, Jojo92122 said:

When did she leave the US? 

March 4, 2018

[Jojo92122 1,924]

Your timeline shows that your wife received EAD and AP on Jan. 9, 2018.  What did she get notifying her that EAD and AP were approved?

[Crazy Cat 42,547]

OP- Do you have anything which shows her Advance Parole was approved? 

[Sunnyland 639]

OP. Did she receive anything like this in the mail? 

Combo card (EAD + AP). 

 

PS: If she left without this card, then its very likely she won't be allowed re-entry at POE. 

 

 

Edited June 30, 2018 by Sunnyland

[Mike122413 0]

1 hour ago, Sunnyland said:

PS: If she left without this card, then its very likely she won't be allowed re-entry at POE.

No we did not get that, i guess we are done and have to find another way back now

Just now, Mike122413 said:

No we did not get that, i guess we are done and have to find another way back now

Mt heart is broken

[mushroomspore 3,044]

12 minutes ago, Mike122413 said:

No we did not get that, i guess we are done and have to find another way back now

Mt heart is broken

Sorry this happened. It's a well-known rule that when your green card is in process, you can travel but you NEED that card pictured above to come back. If you click here, it says at the bottom that leaving without the card (I-131) will force your case to be abandoned. 

 

Even if you received the card now and mailed it to her, it wouldn't work because they would see she left the country BEFORE the card's issue date. She's also been out of the country for four months now. That's a long time for someone with a pending green card case to be out of the US. It's not enough for them to deny your case. But if an interviewing officer is suspicious, he might bring it up and/or question  your wife's intentions to stay in the US. I'm not saying this WILL happen but it is something to keep in mind going forward. 

Edited June 30, 2018 by mushroomspore

[Jojo92122 1,924]

What made you think that your wife got her EAD and AP back in January as indicated in your timeline?

[WandY 430]

Are you sure your wife left the U.S.?  I say this because it sounds almost exactly like a local story involving a Chinese K-1/spouse . She claimed to have left the country, but she was really somewhere else in the U.S. I sincerely hope this is not the case, but I don't know your situation. Many strange things happen with foreign marriages and sometimes desperate people do odd things. On another note, I have some experience with the U.S. embassy in Beijing. It's a chaotic, busy place. If you have any hope there, I think you will need to contact the embassy and get an appointment for her. Nobody gets into the building without paperwork/invite. When I went there with my Chinese girlfriend, I had to have a piece of paper to get past the armed guards. The invite was pretty easy to get via their website. Look for the calendar and available meeting times. Your problem may be that it isn't you going to the embassy - but do your best to explain the situation. Contrary to what others have said, the embassy can give her travel papers. When my girlfriend went there with me, they didn't want to let her in, although her name was on my paperwork. The place is tightly sealed. There are literally hundreds of Chinese lined up outside, waiting for either their turn or a chance to get in. The embassy on Beijing's embassy row is easy to spot because of the long line of people outside.  Tell her not to talk to anyone outside - lots of scammers and shady characters. Good luck!