Emergency Travel

[RachaelP 3]

Hello VJers,

I have a friend who recently brought his fiancé to the USA on a fiancé visa and they married in August. The couple's daughter was just approved for a visa to join them. She planned to immigrate very soon, but until then has been staying with her grandmother (fiancé's mother.) This past week, the grandmother had a stroke. My friend's wife apparently had no luck getting an emergency approval on advanced parole, and she felt she had no choice but to leave to be with her mother and child. I wish they had talked to me before that decision and I would have consulted this forum first..... But they didn't know to, and she returned to Brazil two days ago.

Is there any hope for her to not have to start the process over, or will they be forced to go the spousal visa route? I am meeting soon with my friend to find out more details (like if the AP application is in progress, or if it was flat denied). I am afraid I do not currently have any specific details...

I appreciate advice from all you knowledgeable VJers. I know the outlook isn't promising. Sadly, my friend spent much of his disposable income on the first visa, his daughters visa, and airline tickets..... He is absolutely crushed right now, as is his family.

[A'n'L 735]

Most likely they will have to start over with a spousal visa, since they are already married.

Did she file for AOS yet? Was her biometrics taken?

It's very unfortunate that she couldn't get the emergency AP, I feel really bad for your friend.

[Unlockable 7,306]

Yes his wife could have got an infopass and explained the situation.

Where are they in their AOS? Did she file at all?

[RachaelP 3]

He and his wife tried to get an expedited AP, but they were given the run-around at the immigration office. I think during this emotional time, the wife was beside herself with worry for her mother and made an emotional decision to leave without the documentation. They had not yet filed for AOS. Given the circumstances, I guess this is in their favor as I think that they would have forfeited the fee when she left two days ago.

[p-ana 933]

If they haven't filed for aos first, it wouldn't be possible to get the emergency AP.

[mmsk 9]

I hope she will feel better soon. Before start anything, they must contact USCIS as soon as possible and ask them what to do in this situation. she may have to start over with a Spouse Visa.

Edited September 25, 2016 by mmsk

[EM_Vandaveer 2,368]

They'll have to start over.

As they haven't filed AOS, there was no basis on which to grant AP anyway.

The husband needs to file an I-130 ASAP to get the ball rolling.

[RachaelP 3]

Ok. Thank you for your help. My friend will be starting his CR-1 application tomorrow.

[Boiler 43,419]

Wonder why they did not bring the daughter over on a K2.

[Harpa Timsah 13,258]

Wonder why they did not bring the daughter over on a K2.

I think they did, follow to join.

[Amadia 711]

Hi,

Your friend's situation is unfortunate

However, could they show the justifiable reasoning behind leaving the US without starting the AOS? NOLO.com states this: If you leave the U.S. without a travel document (advanced parole), the consulate may be able to revalidate your visa back in your home country, but it will take a hard look at your situation first. You could end up having to start over with a new fiancé visa petition.

So, maybe your friend can suggest that his wife go to the consulate in her country and explain the reasons for her returning (sick mother, daughter being left alone)? It is worth a shot because I do not think that the immigration personnel are heartless.

[A'n'L 735]

Hi,

Your friend's situation is unfortunate

However, could they show the justifiable reasoning behind leaving the US without starting the AOS? NOLO.com states this: If you leave the U.S. without a travel document (advanced parole), the consulate may be able to revalidate your visa back in your home country, but it will take a hard look at your situation first. You could end up having to start over with a new fiancé visa petition.

So, maybe your friend can suggest that his wife go to the consulate in her country and explain the reasons for her returning (sick mother, daughter being left alone)? It is worth a shot because I do not think that the immigration personnel are heartless.

Unfortunately, since they're married now, she won't be eligible to have the K1 re-instated.

[Dave&Roza 748]

Unfortunately, since they're married now, she won't be eligible to have the K1 re-instated.

True, but maybe, just maybe the US Consulate will issue a travel document--i.e. in effect issuing the wife emergency AP but not an official AP--to allow the wife to travel back to the US and then they can apply for AOS based on the original K-1 visa and also apply for the EAD/AP. If not, then they must begin again with the spousal visa, but in this case it might be worth the effort.

Dave

Edited September 25, 2016 by Dave&Roza

[EM_Vandaveer 2,368]

True, but maybe, just maybe the US Consulate will issue a travel document--i.e. in effect issuing the wife emergency AP but not an official AP--to allow the wife to travel back to the US and then they can apply for AOS based on the original K-1 visa and also apply for the EAD/AP. If not, then they must begin again with the spousal visa, but in this case it might be worth the effort.

Dave

There is no such thing. Emergency AP would only have been an option if they've filed for AOS first.

You cannot get AP aboard. You have to be in the US to apply for it and you have to receive it before you can leave.

Edited September 25, 2016 by EM_Vandaveer

[RachaelP 3]

Wonder why they did not bring the daughter over on a K2.

Wonder why they did not bring the daughter over on a K2.

The daughter is his biological child. She has been approved for an IR visa.