Wife's brother in Poland is getting married, what to do? AP/I-131 topic

[kloisha 2]

Hi everyone!

Just a quick question. I'm a USC petitioner for my wife who's Polish. We're both in the US at the moment and have filed AOS last week.

Her brother lives in Poland and is getting married in June 2022 but with current timelines there's no way she'll get her Advance Parole granted or i-131 even reviewed before then

What can we do? There's no way she'd want to miss her brother's wedding. Could this be considered an "emergency" even if it's not health-related? If anyone here has petitioned to expedite the process of their i-131, do you mind sharing how you did it and the supporting evidence USCIS asked you. Is a confirmation letter by said brother and maybe a document confirming they have their church and venue booked enough?

Edited November 20, 2021 by kloisha

[aaron2020 11,651]

Sorry, her brother's wedding is not an emergency.  It's a social event.

 

This is the big drawback of filing to adjust. 

Best she can hope for is that she gets AP before her brother's wedding.  If she leaves without AP, then she abandons the AOS.  

[kloisha 2]

14 minutes ago, aaron2020 said:

Sorry, her brother's wedding is not an emergency.  It's a social event.

 

This is the big drawback of filing to adjust. 

Best she can hope for is that she gets AP before her brother's wedding.  If she leaves without AP, then she abandons the AOS.  

thanks for your answer. 2 quick additional questions, please:

1) if we leave in June to attend her brother's wedding without having been granted the AP just yet, but we ask our neighbor to forward our mail to Poland, and say we stay in Poland for a month or more, until USCIS processes her i-131 and (hopefully) grants her AP, could we use that document at the POE when we return to the US? I mean, how do that AP work, should it be already valid when she leaves, or when she comes back? See what i mean?...

 

2) i'm mostly concerned about re-entry because by the time we'd leave for Poland (likely end of May as she wants to help with the wedding preparations), she would have overstayed (her i94 says she can stay until February 7th). When we filed AOS she is totally legal in the US and hasn't overstayed or anything, but after February technically she will have overstayed. Trying to fathom this conundrum, if she leaves in June without the AP yet, and returns BEFORE the AP is granted, would she risk to get barred for life to enter the US, even if she has a B1/B2 visa?

[aaron2020 11,651]

1 minute ago, kloisha said:

thanks for your answer. 2 quick additional questions, please:

1) if we leave in June to attend her brother's wedding without having been granted the AP just yet, but we ask our neighbor to forward our mail to Poland, and say we stay in Poland for a month or more, until USCIS processes her i-131 and (hopefully) grants her AP, could we use that document at the POE when we return to the US? I mean, how do that AP work, should it be already valid when she leaves, or when she comes back? See what i mean?...

 

2) i'm mostly concerned about re-entry because by the time we'd leave for Poland (likely end of May as she wants to help with the wedding preparations), she would have overstayed (her i94 says she can stay until February 7th). When we filed AOS she is totally legal in the US and hasn't overstayed or anything, but after February technically she will have overstayed. Trying to fathom this conundrum, if she leaves in June without the AP yet, and returns BEFORE the AP is granted, would she risk to get barred for life to enter the US, even if she has a B1/B2 visa?

1.  That will not work.  She has to have AP in her hands when she leaves the US.  There is no wiggle room.  Even if your neighbor sends it to her and she gets back into the US, her AOS will be denied.  

 

2.  She isn't getting back in without a spousal visa.

 

This is the choice that you made when you choose to file for AOS instead of filing for a CR-1.  

If she leaves without AP, her AOS is automatically denied.  There is no wiggle room.  

[kloisha 2]

1 minute ago, aaron2020 said:

1.  That will not work.  She has to have AP in her hands when she leaves the US.  There is no wiggle room.  Even if your neighbor sends it to her and she gets back into the US, her AOS will be denied.  

 

2.  She isn't getting back in without a spousal visa.

 

This is the choice that you made when you choose to file for AOS instead of filing for a CR-1.  

If she leaves without AP, her AOS is automatically denied.  There is no wiggle room.  

Thanks Aaron. But what do you mean she needs to have the AP "in her hands" when she leaves the US? When you leave the country they don't ask for anything, how does that work exactly? You need to show the AP confirmation letter to the airline or something?

[aaron2020 11,651]

6 minutes ago, kloisha said:

Thanks Aaron. But what do you mean she needs to have the AP "in her hands" when she leaves the US? When you leave the country they don't ask for anything, how does that work exactly? You need to show the AP confirmation letter to the airline or something?

AP has an issued date.  How is she going to explain leaving the US before AP was issued?  

As you stated.  Leaving is not the problem.  Returning is.  Abandoning AOS is AUTOMATIC.

 

THERE IS NO WIGGLE ROOM.  THIS IS THE MAJOR DRAWBACK TO AOS - limits on international travel and the ability to work.  

The law is CLEAR.  Leaving without AP in her hands is AUTOMATIC denial of her AOS.  She will need to wait 1-2 years outside the US for a spousal visa.  That's her reality.  

Edited November 20, 2021 by aaron2020

[Boiler 44,947]

AP needs to be issued before she leaves

One of the issues of the K1

[kloisha 2]

2 minutes ago, aaron2020 said:

AP has an issued date.  How is she going to explain leaving the US before she it was issued?  

As you stated.  Leaving is not the problem.  Returning is.  Abandoning AOS is AUTOMATIC.

 

THERE IS NO WIGGLE ROOM.  THIS IS THE MAJOR DRAWBACK TO AOS - limits on international travel and the ability to work.  

The law is CLEAR.  Leaving without AP in her hands is AUTOMATIC denial of her AOS.  She will need to wait 1-2 years outside the US for a spousal visa.  That's her reality.  

i see. i forgot they record departure dates for i94s. so yeah, upon re-entry it'd be a problem, unless as just a coincidence, the date of approval on the AP would be before her departure by just a couple days and due to processing and mailing it arrives a week or two after we left. i mean, when i'm looking at timelines, it seems like the processing time for AP will put us literally right around our departure. It's truly nerve-wracking. not to mention we wouldn't even have where to live in Poland and i work in the US. no being able to attend her brother's wedding would break her heart, and possibly our marriage consequently. I'm the one who's asked her to live in my country, not the other way around

[kloisha 2]

6 minutes ago, Boiler said:

AP needs to be issued before she leaves

One of the issues of the K1

not a K1, we're married, but it seem indeed to be the same problem.

[Boiler 44,947]

Delay the wedding by a few months 

[Letspaintcookies 2,291]

She could apply for jobs and could ask for an expedite for the ead when she gets a job offer. Usually ( but not guaranteed) they'll approve both and give her a combo card.

[igoyougoduke 1,635]

9 minutes ago, kloisha said:

not a K1, we're married, but it seem indeed to be the same problem.

you do realize that USCIS has access to i-94 entry/departure records and they verify before approving AP. So the moment she leaves US at port of entry  , AOS/AP is abandoned 

[Timona 4,185]

What are you worried about? She will have AP by June 2022. That timeframe is well more than enough, even during height of COVID @kloisha

[aaron2020 11,651]

18 minutes ago, kloisha said:

i see. i forgot they record departure dates for i94s. so yeah, upon re-entry it'd be a problem, unless as just a coincidence, the date of approval on the AP would be before her departure by just a couple days and due to processing and mailing it arrives a week or two after we left. i mean, when i'm looking at timelines, it seems like the processing time for AP will put us literally right around our departure. It's truly nerve-wracking. not to mention we wouldn't even have where to live in Poland and i work in the US. no being able to attend her brother's wedding would break her heart, and possibly our marriage consequently. I'm the one who's asked her to live in my country, not the other way around

NO WIGGLE ROOM.  You're still looking for an out where there isn't one.

You could have filed and waited for a CR-1 spousal visa but choose instead for her to enter on a visitor visa/VWP and adjust status. 

[aaron2020 11,651]

5 minutes ago, Timona said:

What are you worried about? She will have AP by June 2022. That timeframe is well more than enough, even during height of COVID @kloisha

Are you a fortune teller?  How can you be so sure that she will have AP by June 2022 which is in 7 months?  

Should he tell his wife not to worry and that she will have AP for her brother's wedding?  Should they get plane tickets? 

No chance of relying on having AP by June 2022 blowing up in his face, right?

 

Please.

Edited November 20, 2021 by aaron2020