Left country without advanced parole, now trying to return on emergency tourist visa

[Co6aka 18]

If the wife waits in China until the I-512 is issued, and the husband then sends it to her (by courier of course - FedEx, DHL, UPS,) and then she returns with the I-512 in her hand, what would happen at the port of entry?  Also, if the purpose of her trip was some dire "emergency" matter (because why else would anyone do this) wouldn't that, for humanitarian reasons, gain her some forgiveness?  Just wondering.

[Lemonslice 4,917]

2 minutes ago, Co6aka said:

If the wife waits in China until the I-512 is issued, and the husband then sends it to her (by courier of course - FedEx, DHL, UPS,) and then she returns with the I-512 in her hand, what would happen at the port of entry?  Also, if the purpose of her trip was some dire "emergency" matter (because why else would anyone do this) wouldn't that, for humanitarian reasons, gain her some forgiveness?  Just wondering.

She might possibly be let in. She'll still need an immigrant visa to live in the US...

[tkyang99 7]

So would our son also lose his immigration status since her AOC is considered abandoned, and his AOS is based on hers? Does he even have legal status to stay? 

 

This is such a gigantic mess....sigh. She shouldn't have left without the AP....

 

Has anyone else know of someone who has done something this retarded and how they managed to fix the situation? (if at all)?

Edited February 28, 2021 by tkyang99

[Boiler 45,731]

9 minutes ago, Co6aka said:

If the wife waits in China until the I-512 is issued, and the husband then sends it to her (by courier of course - FedEx, DHL, UPS,) and then she returns with the I-512 in her hand, what would happen at the port of entry?  Also, if the purpose of her trip was some dire "emergency" matter (because why else would anyone do this) wouldn't that, for humanitarian reasons, gain her some forgiveness?  Just wondering.

They have Computers, she must have flown back so they know when she left and they know when it was issued. 

 

Now an expedite is possible for the Consulate processing.

[tkyang99 7]

1 minute ago, Boiler said:

They have Computers, she must have flown back so they know when she left and they know when it was issued. 

 

Now an expedite is possible for the Consulate processing.

You mean if she applies for a new I-130?

[Boiler 45,731]

1 minute ago, tkyang99 said:

So would our son also lose his immigration status since her AOC is considered abandoned, and his AOS is based on hers? Does he even have legal status to stay? 

 

This is such a gigantic mess....sigh. She shouldn't have left without the AP....

 

Has anyone else know of someone who has done something this retarded and how they managed to fix the situation? (if at all)?

His AoS is presumably based on his relationship to you.

 

You filed for both of them?

 

AS has been mentioned a few times they switched the I 130 to Consular Processing.

Just now, tkyang99 said:

You mean if she applies for a new I-130?

Well you apply but you have one is process.

[HRQX 4,145]

31 minutes ago, tkyang99 said:

and his AOS is based on hers?

The cases are still treated separately. Only the filing fee is lower for child's case when filed at the same time. His I-485 will still be adjudicated.

 

For background info: did they enter the US with K-1/K-2? Or was it with different nonimmigrant visa?

Edited February 28, 2021 by HRQX

[tkyang99 7]

34 minutes ago, HRQX said:

The cases are still treated separately. Only the filing fee is lower for child's case when filed at the same time. His I-485 will still be adjudicated.

 

For background info: did they enter the US with K-1/K-2? Or was it with different nonimmigrant visa?

Yes it was K1 and K2. Thanks at least its good to know his case will not be affected.

[tkyang99 7]

1 hour ago, Lemonslice said:

She might possibly be let in. She'll still need an immigrant visa to live in the US...

So if she somehow was able to get a tourist visa to return, then i guess all she needs do then is reapply for AoS?  Thats something we can live with all im trying to do now is get her back somehow.

[Lemonslice 4,917]

1 minute ago, tkyang99 said:

So if she somehow was able to get a tourist visa to return, then i guess all she needs do then is reapply for AoS?  Thats something we can live with all im trying to do now is get her back somehow.

NO.  She can't use a visitor visa to immigrate. She can visit, then return to China and wait for her consular interview.

[tkyang99 7]

Just now, Lemonslice said:

NO.  She can't use a visitor visa to immigrate. She can visit, then return to China and wait for her consular interview.

Ok thanks that makes sense. I think we can live with that. 

[HRQX 4,145]

52 minutes ago, tkyang99 said:

Thanks at least its good to know his case will not be affected.

The source is 8 C.F.R. § 214.2(k)(6)(ii): "Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record their lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act." Also the child is now your "Immediate Relative" because you married your wife before the child turned 18.

1 hour ago, tkyang99 said:

You mean if she applies for a new I-130?

You can submit I-130 (with I-130A supplement uploaded) to petition for your wife online: https://www.uscis.gov/i-130 After filing it you could attempt expedite: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Edited February 28, 2021 by HRQX

[Duke & Marie 1,389]

57 minutes ago, tkyang99 said:

So if she somehow was able to get a tourist visa to return, then i guess all she needs do then is reapply for AoS?  Thats something we can live with all im trying to do now is get her back somehow.

You can’t enter with intent to adjust... additionally, USCIS will see that she left the country and returned a second time to file AOS again 🙈 I’d expect a barrage of questions if you tried that after abandoning AOS first time around. 

 

‘’you need to file i130 for her and try for cr1

Edited February 28, 2021 by Duke & Marie

[aaron2020 11,651]

6 hours ago, Co6aka said:

If the wife waits in China until the I-512 is issued, and the husband then sends it to her (by courier of course - FedEx, DHL, UPS,) and then she returns with the I-512 in her hand, what would happen at the port of entry?  Also, if the purpose of her trip was some dire "emergency" matter (because why else would anyone do this) wouldn't that, for humanitarian reasons, gain her some forgiveness?  Just wondering.

This would not work.  At any point where a benefit is being sought, there could be trouble.  She could be denied entry if she tries to return.  If she was let it in, AOS would be denied.  If she is granted a conditional green card, her AOS could be deny.  If her ROC is approved, US citizenship could be denied when the AOS was found to have been abandoned.  

There is no forgiveness.  No humanitarian reasons.  No acceptable emergency.

 

If you leave before AP is issued, then you have abandoned your AOS.  No exceptions.

OP has to pursue a CR-1 spousal visa. 

[RamonGomez 272]

Here is a case where someone left before getting advanced parole. They managed to get back in the US and their AOS was approved.

 

 

The AP card, even if issued after her departure, should at least let her board the airplane and she may be let in by CBP (probably with deferred inspection). At that point its a roll of the dice with what happens with USCIS and I would hire a good lawyer.

 

You're probably looking at 2+ years minimum if you go the I130 CR1 route BTW. She wouldn't be able to visit, and unless you're a Chinese national it could be at least a year before you can visit her in China.