meauxna

snowbunny honey, I've got some reading for you to do!

The FAQ and important links regarding I-751 are here: http://www.visajourney.com/forums/in...?showtopic=310

Note that to maintain legal PR status, you & Toon file I-751 jointly in the 90 days *before* his PR card expires. If it's not filed in that 90 day window, it hasn't been properly filed and his status is at risk. Consequences are discussed at the uscis.gov page linked in the above.

When approved, status changes from CR-1 (conditional) to IR-1 (immediate relative). The cards for IR-1s are issued with a 10 year validity (altho status does not expire, cards must be renewed).

You can find out more about how to remove conditions via the above link--see "How Do I Remove Conditions" and look for the link in that page titled Application Procedures.

During the time when the CR-1 CARD expires and the receipt of the ten-year IR-1 CARD (not visa), no AP is needed; after filing I-751 correctly, the immigrant is sent an I-797c NOA that extends the validity of the card as evidence for one year. The Immigrant carries the expired card and a copy of the NOA as their evidence and they can travel on those documents. During that application time, expect the I-751 to be adjudicated and a new card to be produced.
Once a person becomes a PR, they do not use Advance Parole again.

samir1010

Thanks again for everyone's help. I just have one question from one of the responses earlier in the post. What is a deferred inspection and how can she enter on deferred inspection?

Am I also right to assume that since her K3 has expired and her I-130 has been approved that she can renter because she still has a valid I94? I know that she is stuck on the point of not having filed for advanced parole since she filed for AOS.

Does anyone know if the immigrations system at the airport will show that she has filed for AOS?

Noorah101

When does the I-94 expire?

Did you follow through on any of the I-130 stuff after it got approved? If so, maybe she can go back to her home country and interview there and return on her Immigrant Visa. But usually people choose one or the other (either AOS or the I-130 process), not follow both of them through. Since you already have your AOS interview set very soon, I'm douting you followed through on what it took to get the I-130 processed.

Rene

samir1010

We did get the I-130 approved and get them to send all information here since we were filing for AOS and she was in the States already. She was here the whole time while waiting for the I-130 to get processed.

Noorah101

Well, I was thinking that if you had followed the I-130 to completion, it will result in an interview in her home country, and if that is still in the works, she can go back there and enter on an Immigrant Visa. But most people, once they decide on AOS, they no longer follow through with the Agent of Choice, the I-864, having the file sent to the home country, etc. I'm guessing you didn't do those things. I'm not sure with approved I-130 if you can still follow through on those things, or if it's too late now.

Rene

snowbunny

Ya know....

why on earth don't they give someone a MANUAL -- one for the USC, one for the foreign spouse -- a user-friendly guide to help navigate all of this?

Hell, I got more in the way of premarital counseling in the form of a manual when Toon & I applied for our marriage licence, than I've gotten from USCIS.

I think I know the answer -- it's cos these rules and procedures can and do change in a heartbeat and then the manual wouldn't be correct.

Folinskyinla

Hi:

Hire a lawyer. A good lawyer. You need one.

curiousmelon

How can you hire a good lawyer, what are the ways finding that out?

Kat

Just wandering if there is any update on this case ......

samir1010

Good news, My wife was able to cross back into the United States and I found a rule that will allow her to still get approved at our interview even though she left the United States without Advance Parole.

When the immigration officer asked her about why she had left the US without advance parole all she did was pull out a copy of the rule that states that even though she filed for AOS that she can still return without abandoning her AOS application. He checked his information and wished her good luck on her interview.

This rule is called the Interim Rule.

Just wanted to say thanks to everyone who helped. Hope this information helps someone out.

Noorah101

I did a search on "Interim Rule" http://www.google.com/search?hl=en&i...nterim+rule%22 and didn't look to me like any of these links were immigration related. Do you have a link to the page she printed and showed the officer?

Thanks,
Rene

Elenfair

The problem is that "interim rule" actually appears a-plenty in immigration related documents - one for health care workers, one that deals with I-9... it's like saying the loophole is called "admission rules", ya know?

Hopefully samir can come back and give us specific details.

Kat

Must be nice that some people can leave an come back in when some have
been here for years without leaving in fear that they will be
denied....i too would like to see the rule so i could possible go home
to see my family an have the know that i can come back without any
problems....i was advised even with applying for the ap there is no
guarantee that they will allow u back in the country

hcj1440

If you have overstayed you should not leave the US until you get your GC, with or without AP.

Otherwise, if everything is in order and there's no reason why you should be inadmissible, IMHO there is no need to confine yourself to the US for fear that you would not be let back in. Get your AP and live your life, I say.

Noorah101

Yes, I'm curious to see where it's written that a person whose K-3 visa has already expired, but is still pending adjustment, is OK to travel without AP.

Hopefully Samir will post it.

Rene