Thinking of leaving....think again.

[Wis-Can 0]

Just wanted to post this as a word to the wise. My friend who came here on a K-1 visa and is in the process of AOS is back sitting in Nova Scotia at her parents as they would not let her cross back into the US. She argued that her I-94 says multiple entries, and its still valid but the CBP officer said that it was her responsibility to know that a K-1 only gets one entry till they adjust status. She was in tears as she read someone posting on here that its "ok" to go back and forth. I told her, "I TOLD YOU NOT TO GO TILL AP" but she didn't listen. Mine says multipe entries as well, and I questioned it on here. She just responded back a couple days ago for the RFE she received for the I-693. Hopefully her honey can send her the AP when it comes and she can get back to her new life.

[Bobby+Umit 161]

Hmm - this is a problem.

Did she do her biometrics before she left?

Also - the application is considered abandoned because she left the US before it was issued. (read the AP instructions).

She will have to explain the date mismatch between the AP and her entry/exit (and they seem to know she left prior to the AP - CBP officer said that it was her responsibility to know that a K-1 only gets one entry till they adjust status)

Edited January 13, 2010 by Bobby+Umit

[payxibka 10,045]

Hmm - this is a problem.

Did she do her biometrics before she left?

No biometrics needed for AP

However, AP must be approved BEFORE departure. AP protects the status that she has when AP is approved. Since she left BEFORE AP was approved there is no longer any status as she gave it up the day she crossed the border. AP won't help here and I am afraid they will be starting over with a spousal visa.

Edited January 13, 2010 by payxibka

[Jasman0717 9]

This isn't the first time this has happened. They will most likely have to start all over again. I don't think even a elected representative can help.

[payxibka 10,045]

This isn't the first time this has happened. They will most likely have to start all over again. I don't think even a elected representative can help.

Correct, an elected representative cannot force admission of an otherwise inadmissible alien

[Bobby+Umit 161]

No biometrics needed for AP

However, AP must be approved BEFORE departure. AP protects the status that she has when AP is approved. Since she left BEFORE AP was approved there is no longer any status as she gave it up the day she crossed the border. AP won't help here and I am afraid they will be starting over with a spousal visa.

Yep - your right - I was asking to see how far along they were.

I read a similar case, but they had all the AOS things out of the way and managed to get the GC.

Sadly, the OP's friend attempted to return before the AP was decided on.

[Kathryn41 3,205]

It is sad but yes, if she left the country before the AP was issued she is deemed to have abandoned her application for a green card. She and her husband will have to start the immigration process all over again from the beginning, this time using a spousal visa. She is in for a long wait .

I remember when I activated my K-1 the immigration officer was very clear to me that I was not allowed to leave the US until I had my green card or my advance parole. He said it was the saddest part of his duty to turn back married Canadians who had returned to Canada 'just for a visit' without having received the necessary documents.

[Gary and Alla 3,694]

Just wanted to post this as a word to the wise. My friend who came here on a K-1 visa and is in the process of AOS is back sitting in Nova Scotia at her parents as they would not let her cross back into the US. She argued that her I-94 says multiple entries, and its still valid but the CBP officer said that it was her responsibility to know that a K-1 only gets one entry till they adjust status. She was in tears as she read someone posting on here that its "ok" to go back and forth. I told her, "I TOLD YOU NOT TO GO TILL AP" but she didn't listen. Mine says multipe entries as well, and I questioned it on here. She just responded back a couple days ago for the RFE she received for the I-693. Hopefully her honey can send her the AP when it comes and she can get back to her new life.

Wasn't this question asked here about an I-94 wth multiple entries and weren't they advised not to do this?

In this process if ANYone makes a mistake, it is YOUR problem. when you enter on a K-1 it is SINGLE ENTRY ONLY and the I-94 is valid for 90 days. Period. Anything else it says is wrong and YOU will pay the price if you ry to take advantage of someone else's mistake.

Thanks for the reminder

[Wis-Can 0]

Wasn't this question asked here about an I-94 wth multiple entries and weren't they advised not to do this?

In this process if ANYone makes a mistake, it is YOUR problem. when you enter on a K-1 it is SINGLE ENTRY ONLY and the I-94 is valid for 90 days. Period. Anything else it says is wrong and YOU will pay the price if you ry to take advantage of someone else's mistake.

Thanks for the reminder

Yes Gary and Alla, I asked when I got my I-94 as it said, multiple entries on it...I thought maybe it had changed or something. I told her not to go, but her bother was quite ill. I didn't know that till today, he passed away before she even made it back to Nova Scotia. Hopefully she will get a sympathetic ear at USCIS. She did do her biometrics.

[Justine+David 218]

In the future, for anyone reading this, you can always do an infopass to try to get emergency AP in order to see dying loved ones; I've read that it can get approved the same day. That's too bad for that person...

[payxibka 10,045]

Hopefully she will get a sympathetic ear at USCIS. She did do her biometrics.

Except the USCIS does not control the borders....

[Wis-Can 0]

In the future, for anyone reading this, you can always do an infopass to try to get emergency AP in order to see dying loved ones; I've read that it can get approved the same day. That's too bad for that person...

I know, and she knew that too. I know she wasn't thinking straight at the time.

[TBoneTX 45,299]

I know she wasn't thinking straight at the time.

That's likely part of it, and understandable, even though it's ultimately her responsibility to know the single-entry-only rule. However, if she or you can produce the link to the message "on here" that said that re-entry is OK, maybe we can re-educate the misinformed purveyor of that information. If it was in an upper forum, it proves yet again how much awful and even perilous advice can be spewed there. Naturally, we don't & can't know that unless someone provides a link.

[Luke and Deanna 0]

This is a terrible shame to get so far and then have to start all over again.

When I first came over here on my K1 I used to have nightmares that I went home to do something and forgot all about the fact my visa was only valid for one entry. It was awful and I would wake up and be so thankful it was a dream. For this poor person there is no waking up.

Hope they get it sorted out and stay strong if they have to go through the process again.

Luke and Deanna

[Gary and Alla 3,694]

Yes Gary and Alla, I asked when I got my I-94 as it said, multiple entries on it...I thought maybe it had changed or something. I told her not to go, but her bother was quite ill. I didn't know that till today, he passed away before she even made it back to Nova Scotia. Hopefully she will get a sympathetic ear at USCIS. She did do her biometrics.

The shame is that if she had gone to USCIS with an infopass she could get an emergency AP sent to her in Canada (at the consulate in Montreal) for her to pick up on the way back. We did this for our son who had to come here and then return in a few weeks for college, we made an infopass right after he arrived, the local office did the AP application and asked if we wanted it sent to our home or to Moscow. we said to send it to Moscow and they sent it here anyway. But he got it in just a few days. Had it been an emergency he could have left immediately after the infopass appointment.