Leaving Country w/out AP-pls Help
 

My husband needs to go to Brazil, the Newark office is saying they
have not received my 1-485(even though I send it in over a month
ago!!) so therefore we cannot get AP. IF he goes to Brazil, how can
he re-enter? I have seen somewhere that I coulg apply for a spousal
visa. WHat is this and how long will it take???

Re: Leaving Country w/out AP-pls Help
 

DO NOT GO!!! even if you have a family emergency you will not be allowed to return to the U.S. Search for my posts under members. MY wife is stuck in Russia and it may be months before she can return.

Re: Leaving Country w/out AP-pls Help
 

    > My husband needs to go to Brazil, the Newark office is saying they
    > have not received my 1-485(even though I send it in over a month
    > ago!!) so therefore we cannot get AP. IF he goes to Brazil, how can
    > he re-enter? I have seen somewhere that I coulg apply for a spousal
    > visa. WHat is this and how long will it take???

If he goes back, it'll take him many months to get the spousal visa to
come back. These visas require petition approval at INS and transfer
of the file to the consulate to consider in processing an immigrant
visa application.


CP

Re: Leaving Country w/out AP-pls Help
 

Chris Parker wrote:
    > > My husband needs to go to Brazil, the Newark office is saying they
    > > have not received my 1-485(even though I send it in over a month
    > > ago!!) so therefore we cannot get AP. IF he goes to Brazil, how can
    > > he re-enter? I have seen somewhere that I coulg apply for a spousal
    > > visa. WHat is this and how long will it take???
    > If he goes back, it'll take him many months to get the spousal visa to
    > come back. These visas require petition approval at INS and transfer
    > of the file to the consulate to consider in processing an immigrant
    > visa application.

Plus, if he has an visa overstay of 180 days or moe, he could be banned

Re: Leaving Country w/out AP-pls Help
 

If your husband came in on a K-1 visa than he might not have much if any overstay and that might not be an issue.

I'm not sure if Rio does direct consular filing of I-130 visas and I'm sure if they did, you would have gone that approach in the first place regardless of whether or not he entered as a K-1 visaholder or a tourist and married you.

If you can determine if the checks have been cashed by Newark, then take the checks into them and see about getting emergency A/P. Be prepared for a long wait and go with validiated documentation proving the emergency that requires him to leave the country.

Rete