Waiting for AP and AOS need to leave usa for med emergency

[FamousJerry 47]

My mother inlaw is not doing well and my wife and I need to get back to Thailand, we are still waiting now over 160 day for AP to get approved. I know you cant leave with out AP but if we do and by some miracle it gets approved for AP and comes in the mail while we are gone can she still use it to get back in USA when she returns once her mother is feeling well? I know about emergency requests but i have seen  that can take over 30 days for any action of approval or denial . 

 

If we do go and have to abandon our AOS how hard is it to refile for the CR1 (marriage visa) ? We were easily approved for the K1 and i still have all our original documentation from that process so it would be easy to get it all together. Just curious if anyone out there has had to do this. Thanks as always for your help.

[ineedadisplayname 502]

7 minutes ago, FamousJerry said:

some miracle it gets approved for AP and comes in the mail while we are gone can she still use it to get back in USA when she returns once her mother is feeling well?

No. You need an approved AP before leaving the country.

Try emergency AP with medical documentation as supporting documents

[JFH 12,191]

If she leaves before AP is approved she won’t be able to return even if it is apptoved whilst she’s gone and someone FedExes the AP card to her. They will know that she left before the approval date, therefore had no approval in place at time of departure. 
 

Emergency AP can be approved same day. A user here went through this. Emergency AP was applied for and granted the same day and she flew that night. You need to go through your local USCIS office. 

[Crazy Cat 42,035]

I am sorry to hear about your MIL.  It appears that your wife is close to approval of her I-131......but, if she abandons her AOS, you will have to start from scratch with an I-130....The process will take 12-18 months....Good luck.

 

I would certainly opt for emergency AP.

Edited February 29, 2020 by missileman

[igoyougoduke 1,674]

2 hours ago, FamousJerry said:

My mother inlaw is not doing well and my wife and I need to get back to Thailand, we are still waiting now over 160 day for AP to get approved. I know you cant leave with out AP but if we do and by some miracle it gets approved for AP and comes in the mail while we are gone can she still use it to get back in USA when she returns once her mother is feeling well? I know about emergency requests but i have seen  that can take over 30 days for any action of approval or denial . 

 

If we do go and have to abandon our AOS how hard is it to refile for the CR1 (marriage visa) ? We were easily approved for the K1 and i still have all our original documentation from that process so it would be easy to get it all together. Just curious if anyone out there has had to do this. Thanks as always for your help.

USCIS will know when she leaves legally through airport or through sea. Immigration records will get flagged and her AOS will be deemed abandoned. She wont be able to reenter as she wont have a status to reenter. Absolutely do not leave unless AP is approved 

49 minutes ago, missileman said:

I am sorry to hear about your MIL.  It appears that your wife is close to approval of her I-131......but, if she abandons her AOS, you will have to start from scratch with an I-130....The process will take 12-18 months....Good luck.

 

I would certainly opt for emergency AP.

why would they reject her i-130. She has only abandoned her AOS ?

[Crazy Cat 42,035]

51 minutes ago, Donald120383 said:

why would they reject her i-130. She has only abandoned her AOS ?

No I-130 has been filed.  If she is outside the country after abandoning her adjustment of status, they have to start the entire visa process....

Edited March 1, 2020 by missileman

[flfreddy 93]

On 2/29/2020 at 1:55 PM, FamousJerry said:

My mother inlaw is not doing well and my wife and I need to get back to Thailand, we are still waiting now over 160 day for AP to get approved. I know you cant leave with out AP but if we do and by some miracle it gets approved for AP and comes in the mail while we are gone can she still use it to get back in USA when she returns once her mother is feeling well? I know about emergency requests but i have seen  that can take over 30 days for any action of approval or denial . 

 

If we do go and have to abandon our AOS how hard is it to refile for the CR1 (marriage visa) ? We were easily approved for the K1 and i still have all our original documentation from that process so it would be easy to get it all together. Just curious if anyone out there has had to do this. Thanks as always for your help.

My sympathy to you.   My Wife and I had this discussion before ... our solution was... the USC will depart the country and bring the Iphone.    As a married couple represents a single unit, the spouse will go first and take care of the inlaw with a Iphone Facetime.   The situation will get even worst if you abandon your AOS.   Not only you have your MIL problem, you will have a spouse now married but cannot return + USC's job or business issues if any in USA.   I am not advocating anything, but wondering whether this thought crossed your mind ... its a compromised solution.

 

It is unfortunate, but 1 problem vs 3 is what is at stake.

 

Edited March 2, 2020 by flfreddy

[FamousJerry 47]

Thank you everyone for your answers and ideas, I will probable go there on my own and star the care process and be my wifes eyes and ears and hands as needed. And once AP is approved will fly home (to usa) get her and my daughter and fly back. If it gets to dire we will have to just try emergency AP request or start over.  Baby steps so far. Again thank you for all your help and ideas.