samir1010

Hello,

We just applied for AOS for my wife and for some reason didnt think about applying for Advance Parole. We have our interveiw in 3 weeks for AOS. My wife just got on a plane to visit her friends in Canada and I just had a feeling that we missed something. Now I realize what we missed "ADVANCE PAROLE". So I guess my question is does anyone know if my wife will be able to come back to the US? If she is able to get back in are we definitely going to get denied since she did leave the country without Advance Parole? Does anyone know what are our options. Thanks again. I am stressed out as hell. Please help.

snowbunny

What visa did she hold before she left for Canada?

What citizenship(s) does she hold?

Noorah101

What visa did she enter the USA on, and when?

Rene

samir1010

She first entered on a I-129F, then we filed for an I-130. We were married in England where she was born and holds a citizenship.

Noorah101

ummm...there is no I-129F visa. Do you mean a K-3? Then you filed an I-130? That doesn't make sense. The I-130 had to be filed before the I-129F.

Anyway, basically, if she still has a K-3 visa in her passport, and she has been in the USA less than 2 years, she didn't need AP to travel.

Is that the scenario?
Rene

samir1010

Yeah, youre right we filed for the I-130 first and then she came in on the K3 which is the I-129F but she has been here a little longer than 2 years and we have already filed for AOS. Since we have filed for AOS and her K3 has expired I think we're screwed. Any advice? Thank you

Noorah101

Technically, the K3 is not the I-129F....the I-129F in conjunction with filing the I-130 is what produces a K3.

But anyway...filing AOS is OK, that doesn't affect her K3 validity. But the K3 is only good for 2 years worth of multiple entries to the USA. If her K3 is expired, then she will most likely have problems coming back in, yes.

I don't know how lenient the POE officers are allowed to be. I suppose you can send her a copy of the appointment notice for the AOS interview, so she can show it to them, and hope for the best....but in reality, she has no valid visa for entering the USA right now.

Rene

snowbunny

So AP is needed (for marriage-based visas) both if AOSing from the VWP (I-485) AND in the period between the two-year mark and a successful removal of conditions?

What are her options now? Surely with a permanent residency in the US there must be a way to re-enter.... can a consulate or embassy in Canada help?

Mh

In article <[email protected]> ,
samir1010 <member14945@british_expats.com> wrote:
    >Hello,
    >We just applied for AOS for my wife and for some reason didnt think
    >about applying for Advance Parole. We have our interveiw in 3 weeks for
    >AOS. My wife just got on a plane to visit her friends in Canada and I
    >just had a feeling that we missed something. Now I realize what we
    >missed "ADVANCE PAROLE". So I guess my question is does anyone know if
    >my wife will be able to come back to the US? If she is able to get back
    >in are we definitely going to get denied since she did leave the country
    >without Advance Parole? Does anyone know what are our options. Thanks
    >again. I am stressed out as hell. Please help.

If she most recently entered on a K1, contact an IMMIGRATION lawyer ASAP.

MH

meauxna

sb,
A K-3 is a 2-year, multiple entry visa. It allows the spouse to remain in the Us as a non-immigrant until the I-130 is approved (or not). By the time the 2 years are up, the immigrant is expected to either adjust status (I-485) or go home for an immigrant visa. Most people complete one or the other by the time that 2 year K-3 is expired, but not everyone.
If the K-3 visa validity expires, and the immigrant has filed AOS, they are legal to stay in the US like any other adjuster, but if they want to travel, they *now* need AP. It sounds like that is the OP's situation.

Nothing to do with removing conditions.
She's not a PR yet, so her options are limited & unknown at this point.

samir1010

[I just wanted to say thanks to everyone who has offered help. I really do appreciate it. I know I am in a bad situation. If anyone has any additional advice I would really appreciate it. Thanks

Samir

Folinskyinla

Hi:

I have read this string and you are right to say "oops." All may not be lost yet. The PFI people MAY [not the 'may'] parole her in for deferred inspection -- and then you will have to file a NEW, I-485. I've seen it happen when I've had clients see me after the fact.

snowbunny

ah.... I'd ASSumed that she would have done the AOS from the K-3 a lot earlier in the game and the most recent "adjustment" would be to remove conditions since the marriage is now over two years old.

Since my own husband entered on a CR-1, I know/believe that we must file to remove conditions just after the two year mark. Since I *think* one is issued a two-year "green card", what status does a CR-1 holder have after the two year mark? How long do they have to remove conditions before they too are out of status? During the time when the CR-1 expires and the receipt of the ten-year IR-1 visa, is AP needed?

OP, sounds like "get thee to a lawyer" time!

Rete

In regards to your statement "I know/believe that we must file to remove conditions just after the two year mark." please clarify which two year mark you are talking about.

Regardless of which two year mark you are talking about, i.e. marriage or receipt of CPR status, you are misinformed and in one instance will have jeopardized your husband residency.

A CPR can apply for the removal of conditions 90 days BEFORE the two anniversary OF BECOMING A CPR. Or to simplify calculations, 90 days before the expiration date on the green card.

janadeen

Please do come back and let us know how it went. Best of luck!!!