advance parole
Feb 6th 2001, 7:00 pm
#1
Guest
Posts: n/a
my niece married a US citizen in June 2000 and left with him to his parents' country in
September after receiving her AP. Her AOS was filed in New York in June 2000 but she has
not heard anything about her application (no case number, no date for first interview) -
is this abnormal? Is there any way to get this information? She's written to the DOJ but
there has been no reply.
Another question: she doesn't plan to return to the US until the interview. She and her
husband were renting an apartment in New York which they are now subletting so they could
argue that the husband was 'normally resident' in the US. Are there any problems with this
approach? Would she and he be given a hard time for having spent a year outside the US
while their AOS was being processed?
Kovan
September after receiving her AP. Her AOS was filed in New York in June 2000 but she has
not heard anything about her application (no case number, no date for first interview) -
is this abnormal? Is there any way to get this information? She's written to the DOJ but
there has been no reply.
Another question: she doesn't plan to return to the US until the interview. She and her
husband were renting an apartment in New York which they are now subletting so they could
argue that the husband was 'normally resident' in the US. Are there any problems with this
approach? Would she and he be given a hard time for having spent a year outside the US
while their AOS was being processed?
Kovan
Feb 6th 2001, 7:30 pm
#2
Guest
Posts: n/a
in message
> my niece married a US citizen in June 2000 and left with him to his
parents'
> country in September after receiving her AP. Her AOS was filed in New York in June 2000
> but she has not heard anything about her application (no case number, no date for first
> interview) - is this abnormal? Is there any way
to
> get this information? She's written to the DOJ but there has been no
reply.
>
> Another question: she doesn't plan to return to the US until the
interview.
> She and her husband were renting an apartment in New York which they are
now
> subletting so they could argue that the husband was 'normally resident' in the US. Are
> there any problems with this approach? Would she and he be
given
> a hard time for having spent a year outside the US while their AOS was
being
> processed?
>
> Kovan
>
>
> my niece married a US citizen in June 2000 and left with him to his
parents'
> country in September after receiving her AP. Her AOS was filed in New York in June 2000
> but she has not heard anything about her application (no case number, no date for first
> interview) - is this abnormal? Is there any way
to
> get this information? She's written to the DOJ but there has been no
reply.
>
> Another question: she doesn't plan to return to the US until the
interview.
> She and her husband were renting an apartment in New York which they are
now
> subletting so they could argue that the husband was 'normally resident' in the US. Are
> there any problems with this approach? Would she and he be
given
> a hard time for having spent a year outside the US while their AOS was
being
> processed?
>
> Kovan
>
>
Feb 6th 2001, 7:35 pm
#3
Guest
Posts: n/a
When you said wrote to the DOJ I assume you mean you wrote to the INS. You should direct
letters of inquiry to the local INS office that is handling the processing. Since she
received A/P then she must know what her alien ID number is for it is on the A/P. Also NYC
is taking 14 to 18 months for interviewing. She is only allowed by virtue of the
A/P to be away for 12 months as that is how long it is good for. But yes she can encounter
problems with being away for that length of time. The act of AOS means you wish to make
the US your permanent place of residency. Being away from it for a year it is not
showing the INS that you have this thought in mind. She will also need to return to the
US for fingerprinting before the AOS interview. Normally you are advised of this in NYC
a month or two before the interview.
Rita
In article <[email protected]>,
> my niece married a US citizen in June 2000 and left with him to his
parents'
> country in September after receiving her AP. Her AOS was filed in New
York
> in June 2000 but she has not heard anything about her application (no
case
> number, no date for first interview) - is this abnormal? Is there any
way to
> get this information? She's written to the DOJ but there has been no
reply.
>
> Another question: she doesn't plan to return to the US until the
interview.
> She and her husband were renting an apartment in New York which they
are now
> subletting so they could argue that the husband was 'normally
resident' in
> the US. Are there any problems with this approach? Would she and he
be given
> a hard time for having spent a year outside the US while their AOS
was being
> processed?
>
> Kovan
>
>
--
&&&&&&&&&&&&&&&&&&&&&&& Snotty Bitch!!!!!!!
The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes
letters of inquiry to the local INS office that is handling the processing. Since she
received A/P then she must know what her alien ID number is for it is on the A/P. Also NYC
is taking 14 to 18 months for interviewing. She is only allowed by virtue of the
A/P to be away for 12 months as that is how long it is good for. But yes she can encounter
problems with being away for that length of time. The act of AOS means you wish to make
the US your permanent place of residency. Being away from it for a year it is not
showing the INS that you have this thought in mind. She will also need to return to the
US for fingerprinting before the AOS interview. Normally you are advised of this in NYC
a month or two before the interview.
Rita
In article <[email protected]>,
> my niece married a US citizen in June 2000 and left with him to his
parents'
> country in September after receiving her AP. Her AOS was filed in New
York
> in June 2000 but she has not heard anything about her application (no
case
> number, no date for first interview) - is this abnormal? Is there any
way to
> get this information? She's written to the DOJ but there has been no
reply.
>
> Another question: she doesn't plan to return to the US until the
interview.
> She and her husband were renting an apartment in New York which they
are now
> subletting so they could argue that the husband was 'normally
resident' in
> the US. Are there any problems with this approach? Would she and he
be given
> a hard time for having spent a year outside the US while their AOS
was being
> processed?
>
> Kovan
>
>
--
&&&&&&&&&&&&&&&&&&&&&&& Snotty Bitch!!!!!!!
The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes
Feb 6th 2001, 8:27 pm
#4
Guest
Posts: n/a
in message
> > my niece married a US citizen in June 2000 and left with him to his
> parents'
> > country in September after receiving her AP. Her AOS was filed in
New York
> > in June 2000 but she has not heard anything about her application
(no case
> > number, no date for first interview) - is this abnormal? Is there
any way
> to
> > get this information? She's written to the DOJ but there has been
no
> reply.
> >
> > Another question: she doesn't plan to return to the US until the
> interview.
> > She and her husband were renting an apartment in New York which
they are
> now
> > subletting so they could argue that the husband was 'normally
resident' in
> > the US. Are there any problems with this approach? Would she and he
be
> given
> > a hard time for having spent a year outside the US while their AOS
was
> being
> > processed?
> >
> > Kovan
> >
> >
> >
> >
>
>
--
&&&&&&&&&&&&&&&&&&&&&&& Snotty Bitch!!!!!!!
The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes
> > my niece married a US citizen in June 2000 and left with him to his
> parents'
> > country in September after receiving her AP. Her AOS was filed in
New York
> > in June 2000 but she has not heard anything about her application
(no case
> > number, no date for first interview) - is this abnormal? Is there
any way
> to
> > get this information? She's written to the DOJ but there has been
no
> reply.
> >
> > Another question: she doesn't plan to return to the US until the
> interview.
> > She and her husband were renting an apartment in New York which
they are
> now
> > subletting so they could argue that the husband was 'normally
resident' in
> > the US. Are there any problems with this approach? Would she and he
be
> given
> > a hard time for having spent a year outside the US while their AOS
was
> being
> > processed?
> >
> > Kovan
> >
> >
> >
> >
>
>
--
&&&&&&&&&&&&&&&&&&&&&&& Snotty Bitch!!!!!!!
The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes
Feb 6th 2001, 10:37 pm
#5
Guest
Posts: n/a
Rita wrote:
: She probably just wants to become a citizen to bring the rest of her family into the US.
the rest of what you wrote was good information, but i'm not sure what you're basing this
on. she went with her husband to his parents' country, not her own. there's no mention at
all of bringing anyone over or even of getting citizenship. although i agree it's a bit
odd to get ap and then leave for months at a time, it sounds as though her husband had
*something* to do with the decision.
there've been legit couples residing abroad who've enquired on here about getting a
cr-1/ir-1 visa for the foreign spouse because they had the idea it was a "once you get
it, you can keep it til you need it" thing. maybe this couple falls into that category.
who knows?
--
sine | deb benefit of the doubt?
: She probably just wants to become a citizen to bring the rest of her family into the US.
the rest of what you wrote was good information, but i'm not sure what you're basing this
on. she went with her husband to his parents' country, not her own. there's no mention at
all of bringing anyone over or even of getting citizenship. although i agree it's a bit
odd to get ap and then leave for months at a time, it sounds as though her husband had
*something* to do with the decision.
there've been legit couples residing abroad who've enquired on here about getting a
cr-1/ir-1 visa for the foreign spouse because they had the idea it was a "once you get
it, you can keep it til you need it" thing. maybe this couple falls into that category.
who knows?
--
sine | deb benefit of the doubt?
Feb 6th 2001, 10:39 pm
#6
Guest
Posts: n/a
my niece married a US citizen in June 2000 and left with him to his
> parents' country in September after receiving her AP. Her AOS was filed in New York in
> June 2000 but she has not heard anything about her application (no case number, no date
> for first interview) - is this abnormal?
> Another question: she doesn't plan to return to the US until the interview. She and her
> husband were renting an apartment in New York which they are now subletting so they
> could argue that the husband was 'normally resident' in the US. Are there any problems
> with this approach?
I think (and this is only me and my thinking) the act of turning in your I-94 when
departing your AOS constitutes an abandonment of that AOS application. However, if you had
an AP active at the time of the departure, they will 'suspend' the AOS processing instead
(so that you won't miss an INS appointment for fingerprints, interview, etc. while you are
abroad). When you re-enter using the AP, they will 'resume' your AOS processing. Staying
abroad just delays the AOS, I would think.
Therefore, she will never get her AOS interview appointment issued while she is abroad.
She needs to stay in the USA to complete AOS (or somehow depart without surrendering the
I-94, and give a good reason at the interview why she did not surrender it, if they notice
this happened).
CP
> parents' country in September after receiving her AP. Her AOS was filed in New York in
> June 2000 but she has not heard anything about her application (no case number, no date
> for first interview) - is this abnormal?
> Another question: she doesn't plan to return to the US until the interview. She and her
> husband were renting an apartment in New York which they are now subletting so they
> could argue that the husband was 'normally resident' in the US. Are there any problems
> with this approach?
I think (and this is only me and my thinking) the act of turning in your I-94 when
departing your AOS constitutes an abandonment of that AOS application. However, if you had
an AP active at the time of the departure, they will 'suspend' the AOS processing instead
(so that you won't miss an INS appointment for fingerprints, interview, etc. while you are
abroad). When you re-enter using the AP, they will 'resume' your AOS processing. Staying
abroad just delays the AOS, I would think.
Therefore, she will never get her AOS interview appointment issued while she is abroad.
She needs to stay in the USA to complete AOS (or somehow depart without surrendering the
I-94, and give a good reason at the interview why she did not surrender it, if they notice
this happened).
CP
Feb 6th 2001, 10:52 pm
#7
Guest
Posts: n/a
It is not a good idea to be out of the US that long on advance parole...INS will
undoubtedly question the absence and wonder why they chose to live in the US...her I-94
upon return and the tax returns will indicate to the INS that they were gone, quite
sufficiently, as another astute poster pointed out.
Rete indicated she thought maybe the girl only wanted US citizenship in order to bring the
rest of her famiy to the US, since obviously she does not want to live here...I have to
wonder also...
My take: INS will not take the extended absence lightly and the AOS may be difficult
or denied.
alvena
kovan wrote:
>
> my niece married a US citizen in June 2000 and left with him to his parents' country in
> September after receiving her AP. Her AOS was filed in New York in June 2000 but she has
> not heard anything about her application (no case number, no date for first interview) -
> is this abnormal? Is there any way to get this information? She's written to the DOJ but
> there has been no reply.
>
> Another question: she doesn't plan to return to the US until the interview. She and her
> husband were renting an apartment in New York which they are now subletting so they
> could argue that the husband was 'normally resident' in the US. Are there any problems
> with this approach? Would she and he be given a hard time for having spent a year
> outside the US while their AOS was being processed?
>
> Kovan
undoubtedly question the absence and wonder why they chose to live in the US...her I-94
upon return and the tax returns will indicate to the INS that they were gone, quite
sufficiently, as another astute poster pointed out.
Rete indicated she thought maybe the girl only wanted US citizenship in order to bring the
rest of her famiy to the US, since obviously she does not want to live here...I have to
wonder also...
My take: INS will not take the extended absence lightly and the AOS may be difficult
or denied.
alvena
kovan wrote:
>
> my niece married a US citizen in June 2000 and left with him to his parents' country in
> September after receiving her AP. Her AOS was filed in New York in June 2000 but she has
> not heard anything about her application (no case number, no date for first interview) -
> is this abnormal? Is there any way to get this information? She's written to the DOJ but
> there has been no reply.
>
> Another question: she doesn't plan to return to the US until the interview. She and her
> husband were renting an apartment in New York which they are now subletting so they
> could argue that the husband was 'normally resident' in the US. Are there any problems
> with this approach? Would she and he be given a hard time for having spent a year
> outside the US while their AOS was being processed?
>
> Kovan
Feb 6th 2001, 11:51 pm
#8
Guest
Posts: n/a
--
> sine | deb benefit of the doubt?
>
Nope they won't benefit from my doubts!
They file for AOS and leave the country semi-permanently subletting an apartment with the
hopes of defrauding the INS as to their living residence. He could have just married her,
taken her to his parent's country and when they were ready to reassume US residency done a
DCF there.
Why else get AOS if you have no intention whatsoever of living in the country you plan on
becoming a resident of?
The comment re USC was off the mark mainly because her time clock for citizenship
doesn't start until she is a PR and then it can be interrupted with a long stay out of
the country.
Rita
--
&&&&&&&&&&&&&&&&&&&&&&& Snotty Bitch!!!!!!!
The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes
> sine | deb benefit of the doubt?
>
Nope they won't benefit from my doubts!
They file for AOS and leave the country semi-permanently subletting an apartment with the
hopes of defrauding the INS as to their living residence. He could have just married her,
taken her to his parent's country and when they were ready to reassume US residency done a
DCF there.
Why else get AOS if you have no intention whatsoever of living in the country you plan on
becoming a resident of?
The comment re USC was off the mark mainly because her time clock for citizenship
doesn't start until she is a PR and then it can be interrupted with a long stay out of
the country.
Rita
--
&&&&&&&&&&&&&&&&&&&&&&& Snotty Bitch!!!!!!!
The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes
