Traveling outside the US without an advance parole

[Speedysam 2]

Super

thx

[Hypnos 6,578]

The I-824 instructions indicate that the I-130 must have been previously approved in order to be able to file an I-824 on it.

[NikLR 13,231]

You can call the USCIS and let them know that your wife would like to do consular processing.  Maybe save yourself the I-824 fee. 

[USS_Voyager 1,972]

1 hour ago, Speedysam said:

Are you saying that I cannot submit form I824 until my I130 is approved.

I am saying that I don’t know. You need to call USCIS and figure that out.

[USS_Voyager 1,972]

38 minutes ago, NikLR said:

You can call the USCIS and let them know that your wife would like to do consular processing.  Maybe save yourself the I-824 fee. 

Not sure if it’s that simple. It’ll be great if it is, but then why do have make a whole other form for it.

[NikLR 13,231]

20 minutes ago, USS_Voyager said:

Not sure if it’s that simple. It’ll be great if it is, but then why do have make a whole other form for it.

Well the worst they can say is no, and you have to file the form.  The form is also there if you dont take action on an approved I-130 and it goes to the national records center. You can pull it out and have it resent to the NVC or back to the USCIS for an AOS.   An approved I-130 doesnt expire. 

[Speedysam 2]

I hear the process for approving i824 and the visa could take up to 12 months

is this 12 months period counting from the time i130 was file or from the time was approved 

or the count stated after filing i824

[Boiler 45,911]

Bit more than 12 months from the date of filing, on average.

[USS_Voyager 1,972]

38 minutes ago, Speedysam said:

I hear the process for approving i824 and the visa could take up to 12 months

is this 12 months period counting from the time i130 was file or from the time was approved 

or the count stated after filing i824

 

It’s 12-14 months from the date you file the I-130. But that is usually for people who filed the I-130 straight for consular processing. Most people do not have to do the I-824 if they already indicated in the I-130 that they want to do CP. Again what you want to do is:

 

1) Call USCIS, try to speak to a Tier 2 officer, and tell them you want to change your I-130 to Consular Processing.

 

2) If they don’t let you do #1 by phone and ask you to file the I-824, you want to ask them can you file it now or it has to wait until the I-130 is approved. 

[geowrian 22,338]

Agreed - try to see if they will make the change prior to approval. It would not be the first time they have done so without an I-824.

Otherwise you need an I-824...which may take as long as the I-130 did.

[Unidentified 2,930]

15 hours ago, aaron2020 said:

 

The I-130 is still good.  You need to get it to consular processing instead of adjustment of status by filing form I-824.

 

There is no reapplying for an adjustment of status.  Your wife will need a spousal visa which will take about a year.

Nothing is going to be prompt.  It will take about a year for your wife to get a spousal immigrant visa.

 

The visitor visa was not automatically cancelled when your wife filed for AOS.  However, filing for AOS shows immigrant intent and her visitor visa would be cancelled if she tries to enter the US as a tourist and she will be put on the next flight home at her expense.  

2

It would actually be the airline who is responsible for bringing her home. That is why they are super picky with us proving we have a visa to go to the US. 

[chi6488 94]

I cannot understand why this question is even asked..   

 

It is perfectly ok to travel without AP.  You can travel out of the US to go anywhere and stay as long at you want.

 

 Good luck travelling back into the US.

[aaron2020 11,651]

2 hours ago, Unidentified said:

It would actually be the airline who is responsible for bringing her home. That is why they are super picky with us proving we have a visa to go to the US. 

Her visa is valid until cancelled.  Why would the airlines be responsible when someone travels on valid documents that are subsequently cancelled after the flight has been completed?  

[Paul & Mallory 1,398]

The existing case will still show pending until anything new is submitted, because USCIS does not yet know (unless/until you notify them) that the applicant has left the country and abandoned their application. The problem will arise whenever the applicant tries reentering the country under such status.

 

As others have already stated, you will need to re-file, and I suggest doing so immediately. Unless there are other dire circumstances not shared (which is none of our business, if so), you will not be able to expedite or transfer anything simply because the applicant failed to follow instructions (not leave the country without granted AP while pending AOS).

[Unidentified 2,930]

1 hour ago, aaron2020 said:

Her visa is valid until cancelled.  Why would the airlines be responsible when someone travels on valid documents that are subsequently cancelled after the flight has been completed?  

When someone has been denied entry into the country the airline is responsible for getting them home. You'll have to ask whoever came up with that rule.