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repete12747 Contributor

repete12747   0

Posted
Filed: K-1 Visa Country: Russia
 Timeline
Posted

Hello My wife has been here three weeks on K-1, we were married last week. Everything is going wonderful.

We are almost ready to send off the AOS application. She has to go back to her country next week on a family emergency. How do we get her back in the country. Can we get an emergency parole, a re-entry visa. What can we do, we could not stand it if we had to wait many months apart now.

Please let me know what to do............... :(

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Kez/JWolf Mentor

Kez/JWolf   6

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Filed: Timeline
Posted (edited)

You apply for a K3 visa and start again....

Sorry to be blunt but that is what you would need to do if she leaves the country...

If you had already filed your AOS and had recieved the NOA for it you could have applied for emergancey AP but as you have not filed yet you would have to file for a K3 visa so she could return in a few months time...

Kezzie

Edited by Kezzie
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mikeize Enthusiast

mikeize   0

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted

If you can possibly file AOS before she leaves do it. Submit an application for AP at the same time, along with the letter explicitly explaining the emergency. Having done this you could RISK it that AP will be approved (I'd say 90% chance), and you will receive it PROBABLY in 1-3 months. There is nothing stopping your (wife) from going back home while this processes, but she won't be able to re-enter until you receive the AP and SEND IT to her. This is somewhat risky, but if it doesn't work, you could always re-apply with k-3, which was always your other option to begin with. At least this way you have a chance to save some time and money.

Note: I am not a lawyer or even a genius here. This is my opinion. See what others think about your chances. Good luck.

-mike

_______________________________________________________

fnord!

"Of COURSE there's no God... there's nothing BUT God!"

"what shall we say, shall we call it by a name? As well as count the angels dancin' on a pin?" -Let it Grow by the Grateful Dead

"Inspiration, move me brightly. Light the song with sense and color--hold away despair... more than this I will not ask, faced with myst'ries dark and vast... statements just seem vain at last... ... ... ... ..."

-another Dead tune-

We f*cking RULE!!! All other K1'rs pale in comparison to our mighty relationship. We will usher in a new era of rock-osity to this faded world. Prepare yourselves for the party. Hope you like tofu and karaoke.

-mike and ize

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Jenn! Grand Master

Jenn!   918

Posted
Filed: Citizen (apr) Country: Morocco
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Posted
If you can possibly file AOS before she leaves do it. Submit an application for AP at the same time, along with the letter explicitly explaining the emergency. Having done this you could RISK it that AP will be approved (I'd say 90% chance), and you will receive it PROBABLY in 1-3 months. There is nothing stopping your (wife) from going back home while this processes, but she won't be able to re-enter until you receive the AP and SEND IT to her. This is somewhat risky, but if it doesn't work, you could always re-apply with k-3, which was always your other option to begin with. At least this way you have a chance to save some time and money.

Note: I am not a lawyer or even a genius here. This is my opinion. See what others think about your chances. Good luck.

-mike

That's a good idea, I wonder if it would work.

Do you need to show anything to *leave* the country? I have a feeling some confusion might ensue.

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mikeize Enthusiast

mikeize   0

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted

No, you DO NOT have to show anything to leave the country except for your passport. You are under no obligation to stay here if you want to leave. No questions asked. It's when you want to get back in that they want the proper documents.

-mike

_______________________________________________________

fnord!

"Of COURSE there's no God... there's nothing BUT God!"

"what shall we say, shall we call it by a name? As well as count the angels dancin' on a pin?" -Let it Grow by the Grateful Dead

"Inspiration, move me brightly. Light the song with sense and color--hold away despair... more than this I will not ask, faced with myst'ries dark and vast... statements just seem vain at last... ... ... ... ..."

-another Dead tune-

We f*cking RULE!!! All other K1'rs pale in comparison to our mighty relationship. We will usher in a new era of rock-osity to this faded world. Prepare yourselves for the party. Hope you like tofu and karaoke.

-mike and ize

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Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted (edited)

This would be very risky as the date you left the States may well be before the date the AP was approved..... you could then be deamed to have abandoned your AOS.... and be refused entry.... AP is no guarentee of entry....

I would say you would be better to either wait until you have NOA for AOS then go to local office with proof of the emergency and apply for AP or let your wife leave the States and then start the K3 process....

Good Luck

Kezzie

Edited by Kezzie
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mikeize Enthusiast

mikeize   0

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted
This would be very risky as the date you left the States may well be before the date the AP was approved..... you could then be deamed to have abandoned your AOS.... and be refused entry.... AP is no guarentee of entry....

This is a very good point. I do not know if there is a requirement that you be physically in the US at the time AP is issued. You could probably ask USCIS itself (shudder), though they will probably tell you that AP is not guaranteed. Ask around. There are even some officers/former officers somewhere around here that might be able to give more solid info.

-mike

_______________________________________________________

fnord!

"Of COURSE there's no God... there's nothing BUT God!"

"what shall we say, shall we call it by a name? As well as count the angels dancin' on a pin?" -Let it Grow by the Grateful Dead

"Inspiration, move me brightly. Light the song with sense and color--hold away despair... more than this I will not ask, faced with myst'ries dark and vast... statements just seem vain at last... ... ... ... ..."

-another Dead tune-

We f*cking RULE!!! All other K1'rs pale in comparison to our mighty relationship. We will usher in a new era of rock-osity to this faded world. Prepare yourselves for the party. Hope you like tofu and karaoke.

-mike and ize

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repete12747 Contributor

repete12747   0

Posted
Filed: K-1 Visa Country: Russia
 Timeline
  • Author
Posted

There has got to be something that can be done..................she must go back for a while..........but it would be terrible to wait again after all we went through to get k-l. Surely someone has gone through this before.................

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Kajikit Proficient

Kajikit   65

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Depending on the nature of the emergency, your wife might be eligible for emergency parole... you could apply for AOS right now and then try to get emergency ap and she wouldn't have to give anything up... if she leaves before you file for AOS and AP then they won't let her back into the country again until you file for a K3 visa, which takes a long long time :(

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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