No advance parole!

[Covetangel 1]

Husband came from Mexico on K1 visa and we submitted for AOS/Advance parole and work authorization.  Things became difficult with adjustment, missing children who did not travel and process in completing documentation.  He left and has been gone two months, but now we need to know what options we have?  Do I have to wait to request his return from Mexico?

[Ben&Zian 4,398]

Once he left the country he has technically abandoned his AOS process.

 

If fortunate, you could still get the AP and mail it to him; but not the best idea either.

 

Worst case scenario, he is stuck now in Mexico and you would have to process for a spousal visa, basically start all over again with the visa journey.

[geowrian 22,337]

His APS willl be abandoned and denied automatically. Usuallly USCIS issues an RFE requesting evidence that he did not leave the US first.

 

Mailing AP to him won’t fix the issue.

[Jo Së 200]

16 minutes ago, Covetangel said:

Husband came from Mexico on K1 visa and we submitted for AOS/Advance parole and work authorization.  Things became difficult with adjustment, missing children who did not travel and process in completing documentation.  He left and has been gone two months, but now we need to know what options we have?  Do I have to wait to request his return from Mexico?

It was a bad decision to leave the country without adjusting status.  

I would recommend starting the spouse visa process.

[Covetangel 1]

Not what I wanted to hear   Do we have to wait to reapply? 

[geowrian 22,337]

6 minutes ago, Covetangel said:

Not what I wanted to hear   Do we have to wait to reapply? 

No.

You have to start the process over from start with an I-130 now.

https://www.visajourney.com/content/i130guide1

 

[Boiler 45,525]

If you have been married for 2 years when he enters he will get an IR1 and will not need to remove conditions.

[Covetangel 1]

Ha! we have been married four months.....  So I guess it will be another year before he is approved to return.

 

[Boiler 45,525]

A little bit longer, something to bear in mind.

[Jo Së 200]

10 hours ago, Covetangel said:

Ha! we have been married four months.....  So I guess it will be another year before he is approved to return.

 

Just wondering, why did you guys think it would be a good idea for him to go back so soon?  

[Covetangel 1]

I didn't believe he come and go, but he insisted that the officer that he interviewed with at the border said he was allowed.  He is stubborn and said we applied for the travel pass and she told him he could cross back.  Now he regrets it, but too late and he is stuck I guess until we file the paperwork.