Had to leave the country asap

[Brankster 0]

Hi i was married on a K1 visa in September. My mother took ill and i had to rush home to Scotland on xmas day, i travelled on that day so i could get back as soon as i could. I understand i am not ment to leave country but as the offices were closed i really had no choice. Can i get back into USA easy or will i be refused. Can i go i on the 90 day visa and stay. If i did what would happen. As it was an emergancy i really had to take the chance and luckily my mum is ok for now. I dont have temparary citizenship yet. What do i need to do??

Thanks

[athena_ny 1]

Hi i was married on a K1 visa in September. My mother took ill and i had to rush home to Scotland on xmas day, i travelled on that day so i could get back as soon as i could. I understand i am not ment to leave country but as the offices were closed i really had no choice. Can i get back into USA easy or will i be refused. Can i go i on the 90 day visa and stay. If i did what would happen. As it was an emergancy i really had to take the chance and luckily my mum is ok for now. I dont have temparary citizenship yet. What do i need to do??

Thanks

Apply for a K-3 or a CR-1.

If you come back in on a VWP, that is visa fraud. You don't want to mess with that.

Big boo boo.

[YuAndDan 153]

You will be applying for a CR-1 or K-3 visa.

You cannot return on the visa waiver program, the I-94 will not match the one used for the K-1 visa.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Brankster 0]

You will be applying for a CR-1 or K-3 visa.

You cannot return on the visa waiver program, the I-94 will not match the one used for the K-1 visa.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Thanks for your help. How long will this take as i was going to book a flight.

Thanks again.

[Brankster 0]

I cant believe i have been so stupid. I thought as it was really an emergancy it would be ok. I am married and my wife and i have a house. I dont have my adjustmant of status but i filed for it over a month ago. Will i be stuck here for months? This is a nightmare. Just to clarify my details so i can find the right form i was married to a us citizen in californai on 29th september. My k1 runs out next month but i take it it is useless. I really need to be home with her as we have a home there.

What form do i need from the 2 mentioned. If i am stuck here for months then we are in trouble. We only found out i may not get back in today.

Please help.

Brian

[YuAndDan 153]

Thanks for your help. How long will this take as i was going to book a flight.

Thanks again.

The I-130 has been taking some time to get approved by USCIS, and then working its way through NVC and on to the embassy.

The timelines are showing around 1 year. http://www.visajourney.com/timeline/k1list...om&dfile=No

You can still visit while waiting for the visa to be processed, and interview scheduled, you just need to demonstrate strong ties to the home country.

[YuAndDan 153]

I cant believe i have been so stupid. I thought as it was really an emergancy it would be ok. I am married and my wife and i have a house. I dont have my adjustmant of status but i filed for it over a month ago. Will i be stuck here for months? This is a nightmare. Just to clarify my details so i can find the right form i was married to a us citizen in californai on 29th september. My k1 runs out next month but i take it it is useless. I really need to be home with her as we have a home there.

What form do i need from the 2 mentioned. If i am stuck here for months then we are in trouble. We only found out i may not get back in today.

Please help.

Brian

You needed to file I-131 when you filed to adjust status and have the AP document in hand before leaving the country. Leaving the country without advance parole (AP) is considered to be abandoning the adjustment of status.

FAQ:

6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

If you have left the US without advance parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the US. This can take months. Any other legal remedies through US Consulates will be time-consuming as well.

Current policy is that Advance Parole applications are sent to a national address for intial processing. In some cases your local office may accept these applications. It is worth calling them to check if this is possible. If so they be able to process the application faster. In emergencies a local office is able to process them locally without having to file the application with the national address. Contact them for more information.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

[YuAndDan 153]

One last thing I may suggest:

I would contact USCIS London at the US Embassy and have AOS case number handy, as well as strong documentation of the emergency, and see if they will issue AP.

http://www.usembassy.org.uk/dhs/uscis/index.html

[Brankster 0]

So as i filed for adjustment of status and paid the $1010 basically its lost and i need to apply for another visa to get back to my wife and wait for months to get it and then apply for adjustment of status again. Is there no other way. We are married and cant be apart for this long again. There must be some other way.

Edited December 28, 2007 by Brankster

[athena_ny 1]

So as i filed for adjustment of status and paid the $1010 basically its lost and i need to apply for another visa to get back to my wife and wait for months to get it and then apply for adjustment of status again. Is there no other way. We are married and cant be apart for this long again. There must be some other way.

Aside from fraud? Nope. And I think you'd be hard pressed to get in on a VWP with a recently used K-1 in your passport.

[ScottnCati 0]

So as i filed for adjustment of status and paid the $1010 basically its lost and i need to apply for another visa to get back to my wife and wait for months to get it and then apply for adjustment of status again. Is there no other way. We are married and cant be apart for this long again. There must be some other way.

Im sorry to hear what happened....

But, now might be a good time to contact an Immigration Lawyer too...

Good Luck !

[Brankster 0]

Its amazing the things that a few days can make. On the 25th i was there and said bye and see you in a week. Now i cant get back home. Its a nightmare. What have i done. After all the money and time to actually get the visa and move and now i have a car there and all my belongings there and more importantly my wife there. This is terrible. Thanks for your help and if anyone reads this and can give me any information please help.

Thanks

Brian

[Liebi 0]

Don't panic just yet but go with YuAndDan's advice, contact the local US embassy and see if there is anything they can do for you. It's worth a shot as you have nothing to lose right now. Good luck man!

[Brankster 0]

Thanks i will call them first thing in the morning. I will let you know how i got on.

[Boiler 45,486]

The AoS is abandoned.

AP is needed in advance. So thats out.

How would you contact the Embassy and what would you ask for? You could contact the information sic line, in Scotland...

VWP is still possible, but a lottery, filing for adustement after VWP entry even more so.

I would file that CR1 ASAP.