Advice needed on this scenario

[CharlieAndCece1 4]

Hi everyone!  I need some advice on how you would handle this scenario:

 

I'm the US citizen.  My wife came here from Sweden on the K1 visa and we were married Sept 22nd, 2024.  We applied for AOS which was received Dec 10th 2024.

 

She has preexisting medical conditions that are getting worse that are causing her to worry and she wants to get tests as soon as possible.  She does not have health insurance here in the US.  In Sweden she gets practically free universal health care.  She wants to return to Sweden ASAP to take tests and get treatments if possible.

 

If we apply for Advance Parole, I have read that it can take many months and there is no guaranty that it would get approved anyway.  It would be difficult for her to get a letter from her doctor stating the tests are an emergency for reasons I won't discuss here.

 

My thoughts are to send the Advance Parole form with a letter explaining financial hardship not having health insurance in the US and wanting to seek treatment using the free universal health care in Sweden.  Is there a way to expedite it?  Maybe contact my Senator's office?

 

If Advance Parole is denied or is taking too long and she needs to go to Sweden anyway, what are the ramifications?  I know the AOS would be considered abandoned, but what would happen then?  Would we file a different form since we are already married to start the process over?  Would it be held against her?  Are there other options I'm not realizing?

 

Thanks in advance!

Charlie

[Dashinka 24,993]

If she leaves without the I131 Advanced Parole permit while the AOS is in process, the AOS can be considered abandoned.  You can try to expedite the AP.  Beyond that, I know relative to the I131 being used as a re-entry permit, the applicant can leave after the biometrics are completed, I am not sure if that is the same for AP.

 

Good Luck!

[Crazy Cat 42,734]

She can apply for emergency travel (I-131)

 

Emergency Travel | USCIS

[Crazy Cat 42,734]

1 minute ago, Dashinka said:

I am not sure if that is the same for AP.

For AP,  you can't leave before approval.

[SalishSea 18,275]

Why did you not have a plan for providing health insurance for your wife?   It is your responsibility, as the petitioner.   

[Boiler 46,404]

Why have you not added her to your insurance 

 

What is the plan?

 

Are you sure a Swede who ha emigrated still gets nearly free care when visiting?

 

AP is something you can file for when you file to adjust

 

[Dashinka 24,993]

1 hour ago, Crazy Cat said:

For AP,  you can't leave before approval.

Thanks, that is what I thought as well, but was not sure.

[CharlieAndCece1 4]

The health insurance plan was for her to work in the US getting health care but also maintain a residence in Sweden and use that health care as well.

[OldUser 8,125]

If she donesn't apply for AP, she'll never get it. At least there is some chance of getting it if she applies for it...

[CharlieAndCece1 4]

She is also covered by travelers insurance in case of emergencies but they will not consider these tests an emergency 

 

[CharlieAndCece1 4]

Yes I agree and will apply for Advance Parole somehow but need to know happens if it is denied or not approved in time and she leaves anyway.  What happens after the AOS is considered abandoned?

[MalloryCat 412]

since you are already married you would have to start over basically

and file for a spousal visa.

[Dashinka 24,993]

Just now, CharlieAndCece1 said:

Yes I agree and will apply for Advance Parole somehow but need to know happens if it is denied or not approved in time and she leaves anyway.  What happens after the AOS is considered abandoned?

You will need to start over with an I130 petition and she will need to apply for an IR1 visa to re-enter the US as an LPR.  She should have ESTA available though.

 

Good Luck!

[wildbug100420 206]

3 minutes ago, Dashinka said:

You will need to start over with an I130 petition and she will need to apply for an IR1 visa to re-enter the US as an LPR.  She should have ESTA available though.

 

Good Luck!

You sure about esta being available? Immigrant intent is already been established. 

[Dashinka 24,993]

1 minute ago, wildbug100420 said:

You sure about esta being available? Immigrant intent is already been established. 

Many people with immigration intent (I130 in process) still travel to the US on ESTA.  I don't believe immigration intent is an immediate denial on an ESTA application, and since the OP's spouse has not actually reached LPR status, I believe ESTA is still an option.