OUT OF U.S. FOR MORE THAN 6 MONTHS - AOS PENDING

[oSanto 1]

Good evening everybody,

after having filed for AOS and I-131 we both left U.S. on 17th of February 2007. We are planning to be back in U.S. on September, also because her biometrics are scheduled on 09/12/2007.

This would put her outside of the U.S. for more than 6 months.

But if I remember correctly, the six month absence only applies to green card holders. In this case, since the AOS is still pending, it should not apply.

In other words: she is holding an Advance Parole, so she will be paroled in under the validity of such document.

If anybody has experience in this field, I'll appreciate if you can share them here.

Thank you,

Dave

[no name 1]

Your timeline lacks details to answer this fully.

[rebeccajo 14]

A pending adjustment can be abandoned by being out of the country too long, just as conditional residency can be abandoned by the same action.

If there is a question at the border as to whether or not that pending adjustment has been abandoned, the Advance Parole granted based upon that adjustment will be useless.

How did your wife enter the country originally prior to your marriage?

[oSanto 1]

A pending adjustment can be abandoned by being out of the country too long, just as conditional residency can be abandoned by the same action.

If there is a question at the border as to whether or not that pending adjustment has been abandoned, the Advance Parole granted based upon that adjustment will be useless.

How did your wife enter the country originally prior to your marriage?

Thank you for the Input.

I must apologize for not furnishing enough details, but here we go:

April 2006 - I 129F application

December 2006 - K1 visa issued

December 2006 - wife entered in U.S. with K1

January 2007 - we got married

February 2007 - applied for AOS, I131 and Employment auth.

February 2007 - we both left U.S. ***

May 2007 - requested further evidence for the support (they wanted the attachment of my tax returns)

June 2007 - arrived letter that said they received the additional info requested and therefore resumed processing of case

July 2007 - arrived Advance Parole.

September 2007 - appointment for biometrics

*** The trip outside of U.S. was intended not to have lasted more than 3 months. I was waiting and waiting to receive her parole, but instead they halted the process of the whole thing until they received the additional info they requested about my tax returns. Therefore the advance parole arrived only today (it took 4 and a half months).

So as of today, my wife and I have been outside of the U.S. for 4 and a half months. Theoretically we could go back in U.S. in a couple of weeks, containing our absence to 5 months. But we were thinking of staying abroad until September, stretching our absence to 7 months. IS THIS BAD???

I have read several times that if you are an ALIEN RESIDENT (green card or approved AOS) you cannot stay abroad for more than 6 months unless you apply for a special permit.

But my wife has not an approved AOS yet! So this is my question: is there a specific USCIS time limit for being outside of U.S. while waiting for AOS approval?

Thanks again for your help.

Dave

.

[Kathryn41 3,205]

hmm, I think you need to check into the validity of leaving the US Before receiving the I-131. It clearly states that you need to have the Advance Parole received before you leave the country, not that you had applied for it and received it while out of the country. You may run into some problems. If immigration discover that she was out of the country when it was issued, they may refuse her entry back into the US. Generally, leaving the country without the proper document in hand is considered abandoning the AOS application. Unless I am wrong (and I don't think I am) you may have to start the immigration all over again sponsoring your wife to the US.

[rebeccajo 14]

hmm, I think you need to check into the validity of leaving the US Before receiving the I-131. It clearly states that you need to have the Advance Parole received before you leave the country, not that you had applied for it and received it while out of the country. You may run into some problems. If immigration discover that she was out of the country when it was issued, they may refuse her entry back into the US. Generally, leaving the country without the proper document in hand is considered abandoning the AOS application. Unless I am wrong (and I don't think I am) you may have to start the immigration all over again sponsoring your wife to the US.

CBP is already aware she has left the country, as your wife would have surrendered her I94 when you returned to Brazil.

I believe her adjustment was abandoned when you left the country and you are now looking at filing an immigrant spousal petition.

[bora bora 1]

We were told not to stay out of the country for more than 6 months...

I'd say that it's better to be safe than sorry.

[kim&james 0]

I think you might need to contact a lawyer and have a consult with. I think that because your wife left the country before approved AP that her AOS is considered abandoned and as the above have said will need to file for spousal visa for re-entry.

also check wiht the USCIS and see what they say.

[john_and_marlene 162]

She left without AP. The AOS is abandoned. She will be refused entry even with the AP now. Time to file I-130.

[Mags 112]

The fact that she left the country before her AP was approved is a big no-no. I agree with the other posters, I think that you are looking at having to file a spousal petition.

Edited July 2, 2007 by mags

[Yodrak 7]

oSanto,

There is no specific time limit for being outside the USA while an application for adjustment is pending. Whether or not the application is considered abandoned would depend on why she is out of the country and the circumstances of the absence, and you don't say in either of your posts.

But, as others have posted, it's a moot point - she left without having advance parole. That abandons her I-485 application.

Yodrak

..... So this is my question: is there a specific USCIS time limit for being outside of U.S. while waiting for AOS approval?

Thanks again for your help.

Dave

Good evening everybody,

after having filed for AOS and I-131 we both left U.S. on 17th of February 2007. We are planning to be back in U.S. on September, also because her biometrics are scheduled on 09/12/2007.

This would put her outside of the U.S. for more than 6 months.

But if I remember correctly, the six month absence only applies to green card holders. In this case, since the AOS is still pending, it should not apply.

In other words: she is holding an Advance Parole, so she will be paroled in under the validity of such document.

If anybody has experience in this field, I'll appreciate if you can share them here.

Thank you,

Dave

Edited July 2, 2007 by Yodrak