Emergency travelling while AOS in progress?

[samanddiane 2]

Hi,

This is my first post.

We're in the middle of the AOS process -- we were married in October last year and our Adjustment of Status meeting in May went poorly.

The interviewer was very unhappy with our "lack" of marital evidence.

Our evidence:

- a few pictures of our marriage party (a very informal dinner of 5 people).

- a few pictures of me (the American husband) with my wife's family in Taiwan.

- A few months worth of joint checking account statements.

- A few months worth of a combined use credit card.

- My paystubs where it indicated I was now "M"arried (for the dependant stuff).

- Joint 2006 tax returns

The interviewer was very unhappy for at least the following reasons:

- our driver's license addresses didn't match (mine was out of date),

- we didn't have a lease (we were subletting),

- she wasn't on my health insurance at work (no excuse),

- we hadn't combined our auto insurance policies (no excuse),

- several other things I don't remember -- the interview became a blur at that point of trying to get the interviewer to not throw us out!

Since that interview, I stopped relying on the lawyer we had used to file the paperwork. I hadn't been paying much attention to the process and instead relied on the lawyer to guide things through -- turns out that was foolish. The interviewer thought we were totally unprepared -- the lawyer had nothing to say. The lawyer has not followed up with us since that meeting, so I can only believe she's taken her fees and run.

The AOS meeting ended with the Interviewer giving us an "E-11 PENDING" form saying "This letter is in reference to your application for permanent residence. Your case has been continued for the reasons checked below." The reasons checked were "Security Clearance" and "Further Review."

We have since:

- gotten our own apartment (so we have a lease in our name and utility bills in my name at that address)

- combined our auto insurance,

- my wife has started a job with her own health insurance, and

- we've gotten photos of her with my family.

We sent that additional documentation in about a month after the meeting. The "E-11" form says we've been "granted a period of 90 days from the date of this letter to submit the requested documents with this letter."

Since submitting the additional documentation we have not heard anything.

Anyway - that's our story up to this point. Hope it wasn't too boring!

If anyone has any advice on our current position -- especially if we ought to be doing something -- please let me know.

It is now July 13th and my wife has found out that her Grandmother in Taiwan is gravely ill -- the Grandmother in the hospital and "hooked up to tubes" for breathing and feeding. The Grandmother is conscious though. My wife wants to visit the Grandmother before she dies. My wife would like to go to Taiwan in Early August (2 weeks from now) for a week.

Is she allowed to travel outside the country during the AOS process?

Are there any forms we can file so she can travel during the AOS?

Is there value in getting a *new* lawyer at this point?

I see references to filing for "advance parole" but what I've read on the form, not sure if that's appropriate or fits her timeframe.

Thanks for your time and responses -- I'll include a "timeline" -- please let me know if its missing anything important:

1999-07-29: Enters country on Student Visa.

2001-06-22: Met

2006-10-11: Married

2007-01-20: I-20 Visa Expires

2007-01-29: Received by government: I-485 Adjustment of Status

2007-05-03: First Adjustment of Status Interview

Case continued for "Security Clearances" and "Futher Review" Reasons

2007-06-20: Additional evidence (more pictures, more bills, lease, car insurance, etc) sent in.

[Jasman0717 9]

AP is the only thing that I am aware of that gives the beneifiary the ability to leave without having a GC.

It sounds like the officer may be requesting a second interview. It could be the Stokes interview. They will most likely interview you separately and compare answers.

Good luck, I hope you get this all straightened out.

[Kez/JWolf 6]

With all the problems you have had so far I would not recommend your wife leave the USA until she has her greencard in her hand.... if she feels she has to go the she will need to apply for emergency AP at her local office... taking proof from a doctor or hospital about the person who is dying...

Good luck with your AOS 2nd interview...

Kez