Hello

Our Infopass adventure:

Driving – 8 hours from one side of NC to the other
Gas - $69 for a tank and ½
Hotel - $95 to stay over night to get back and work the next day
Infopass – completely and utterly worthless! No help, same
information as the national hotline and no use to plea for our advance parole
(AP) to get approved.

So that leaves us pretty much nowhere. If the AP is not approved by the end of the month where does it leave us? My wife is still planning on traveling on 1 September back to Canada. Can she still go to Canada and I mail or bring the paperwork with me? Although I know this isn’t the right way to do this, does immigration know? I need some real world experiences (not the lecture) to formulate a plan. Can anyone help?

Thanks in advance.

Without approved AP, she wont be able to come back to the states...

Did they give you a time frame for approval ?

iceyspots

Ya we understand the traveling back part. But can I bring my wife the papers later, post approval.
No answer on a timeline. The visit was no better than calling the hotline, that is why we are so upset. Just a waste of time and money.

If the AP is not approved before your wife leaves the USA then it wont make any diffrence if you take it to her... she will have left before approval and may well be refused entry when she tries to return...

She should not leave until after the AP is approved....

Kezzie

bamdame,

I tried looking through your posts to try to find where you might have given a reason for expecting that your District Office could approve your wife's AP on an emergency basis, but most of your posts seem to consist of "congrats".

As iceyspots and Kezzie have already written, the application for advance parole must be approved before your wife leaves the USA. (It would not surprise me if these applications are getting less attention than normal these days as the USCIS attempts to clear out the IMBRA backlog.)

Yodrak

Replanning/rescheduling

It's not just that they won't let her back in the country - if she leaves without an AP approved before she goes they will consider that she has abandoned the AOS application all together and you will have to start again all over from the beginning with a K-3 VIsa to allow her entry back into the country before you restart the AOS. Leaving in the expectation that the AP will follow can be risky - you may get your AOS interview appointment before the AP is approved - and there she would be - stuck outside the country with no way back. Please reconsider whether the benefit of travelling on a non-emergency is worth the risk of losing everything you have worked for. A little bit of patience - or even a lot of patience - is healthier for your relationship. Wait for the AP. I hope it arrives in time; but if it doesn't, then please wait for the AP.

Copy

We are looking at all the options. We are not too worried about the AOS interview as our case is at CSC waiting for our reply to RFE for a lost medical. To which we are working with Sen. Dole's office to fix.

wow you sure like to make life hard on yourself.... If I were you I would have just sent another medical for the RFE and waited for my approval a few weeks later without interview... as your case was transfered to CSC... that is what would happen..

Hope you dont give yourselves too much extra waiting time and of course the dreaded denial letter for not responding to RFE....

Kezzie

The informaiton that you all are giving the OP doesnt seem to be sinking in. But everyone has to deal with the consquences for their action eventhough they know the actions are wrong.

If anyone has learned anything from this whole imigration process is that nothing is ever on-time and that you don't make any arrangements until you have said authorization in hand.

Good Luck OP

What the OP is not getting is that if the service center asks for another medical there is no point in fighting them about it.... you can quote the guidelines to them all day.... but they are only guidelines and its at there discretion to ask for anything they want or need to allow them to process your case....

anyways its up to them how they deal with the RFE and if his wife leaves without AP it will be irrelevant as she will be abandoning her AOS anyway...

Kezzie

Kathryn,

Start over again yes, but not necessarily with a K3 visa. As with the first time, the K3 visa is an available option but is not the only means available.

Yodrak

I just reviewed your thread from 8/5; some thoughts:

-respond to that RFE in time. Failure to do so is end game.
-fight the fight if you like, but they wrote the rules and they have what you want.
-You planned travel for very close to an estimated AP approval date; the consequence for leaving without AP in hand is cancelation of the AOS application. Your wife either re-immigrates or you go to live abroad.

You've drawn some firm lines in the sand: -we are going on this trip. -my wife will not take another medical.
I don't know anything about you, but just remind you to look at what you're doing and why (big picture).

I 'get' what you are up to and can't critisize---just make sure you know what the outcomes will be. It would be perfect if CSC found your missing medical, joined it up with your file and approved the AOS without interveiw. But, "what if?".

Yes, thank you for the additional information Yodrak,you are right, there are other options besides the K-3, but basically, they all would mean starting over again with a spousal visa of some kind and his wife almost definitely having to wait for it to process from outside of the US:-). I really wonder if this trip is worth it all.

I'm not sure about the emergency reasons and how to apply for that - does anyone know? e.g. we had a small problem with the AP application and filled a line out incorrectly in our hurry to send it off. Now I wonder if I will get it on time for Christmas.
And I know that my grandma is really sick - is that enough a reason for emergency AP? DId anyone get it? It could help you guys as well (bandame)! Do they want like a sheet of paper which states that a relative is sick, dead or what? Maybe we should find out something about that and bandame still can travel home. It's only Canada which is close, but I totally understand the need to see your family and friends again!!!!

Lg Anna

If you have a close relative that is very sick... you can take evidence of this (letter from hospital/doctor) and go to your local office and request an emergency AP... it is at their discretion to approve or not....

Yes it is important to see family.... but surely not at the expence of screwing everything up and having to start over....

Good Luck with the AP

Kezzie

Hi Kezzie,

Yeah I totally dont want to take that risk - I hope I will have my AP by December 21st. But if we dont have it until December 1st, we will try the emergency AP. If it wont help, I will fly home asap with AP. Bandame shouldnt take that risk!!!
The document - is it sufficient if it explains that she suffers from a heart disease (she had a surgery 10 years ago, now they dont want to fix it anymore since she wouldnt survive another surgery, she is 85 years old) which can lead to death within the next two years? My sister is a doctor, but I assume it would be weird if she wrote that paper, maybe the hospital (she works in the same hospital, but she's a contagious disease specialist, so not qualified after German law to tell something about my grandma's state of health)? Otherwise she'll ask a colleague from the internal medicine department to write something in English... Oh dear. I really hope she will be fine at least until Christmas and that we will have the AP then...

Thanks, Anna

Anna C.

Best of luck. Did you send in your 2nd AP with an explanation about the first or explain that you had submitted a I-131 previously and made a mistake?

As you have obviously read we are working many sides of this issue (AOS and AP) and there is varying levels of frustration. My wife is very eager to go home and visit friends and family. Especially her elderly grandmother. We were fully aware when we began the process that it takes “time” for everything to work thru the wickets. But we are trying to avoid an emergency situation and have to get the Emergency AP (with the MD's note and that process). As we approach the 90 days since filing it is tough to see others get approved and then not receive any words on our case from the supposed experts at USCIS. That is why this site is so important as a clearing house of information and individual experiences...But...that is just what it is. It is not the law. My original intent of this posting was to gather information taken with a grain of salt and then formulate my own plan of attack. I think sometimes people forget they are not immigration lawyers and say things they shouldn't. Also, if we (VJ) as a group can get together, we have the ability to voice concerns and problems with the "system" to try and make fixes. I'm going to cross threads on our AOS issue. Our case is a perfect example; we do everything right, send our applications in, they are accepted, our case is sent to the CSC and USCIS loses our K-1 medical...not our fault, a situation that appears to happen more often then usual and there in lays the problem. Do I have the ability to pay and get a new medical - yes, but then the problem continues, instead we contact people who can help and try to gather background information because the problem is becoming the norm and that is wrong. The unwanted lectures in this thread by some were not needed. Yes, all cases are different and we are not going to abandon the process but there are alternatives for us, to some they may not have the ability to pursue those alternatives because of time, money, etc..we do and I’m willing to push back. That is not bullheadedness but the right thing to do. Some feel differently and that is ok

Thanks again for your thoughts and ideas on this and the other threads we have talked on.

Cheers

Nick