AOS denied - but is the advanced parole still legit?

[shobusun 0]

@Hypnos...yeah, I appreciate your reasoning. Making another mistake isn't sensible...unfortunately it's razor's edge, I think. I mean the MTR route *could* work, but if it doesn't, what a sad, tragic debacle.

Thanks again...

[Lowlie 191]

Like people are always saying....There are too many risks in leaving the USA during Adjustment of Status, so the best thing to do is NOT travel outside US borders until it's done.

My husband came to the USA with K1 in early 2014. Long story short....he went home for a family emergency and wasn't able to come back. That was 19 months ago. We're in the CR1 process. We finally got Case Complete and we're waiting to finally be given an interview date.

[Villanelle 4,121]

Hypnos is very knowledgeable but ofcourse like stated this is complicated. There are many paths you can take. No one can tell you this is the only way or the right way- there are so many branches of this depends on that or if you do this then you have to do that and can no longer do something else.

Most peoples primary concern is to get back to the US. You can see it in Marias postings at the end of the thread where they applied for the MTR and got a receipt and then had to wait for the AOS status to reflect the motion and be re-"activated". 6 weeks is a conservative but accurate estimate of how long it will take for the process. The process being sending in the MTR and having someone actually re-open the AOS so that AP is valid again. You get the receipt right away - thats just proof of filing- but it takes time to reopen the AOS. You cant travel on the receipt you need to wait until the AOS is active again. Please see the last few entries of the thread linked above as Maria posted in quite some detail.

What gets messy is what Hypnos brought up about intent- but technically you have the right to file the MTR (whether its with/without merits / you think you can win) ANd you have the right to travel with your AP. Okay maybe right isnt the correct word- but everyone knows what I am saying. You are not doing anything wrong by filing a MTR and getting your AOS re-opened and then using AP.

As for will your MTR be denied? Well I dont know, thats why I asked why you missed the interview.? Waaaay back when someone posted about missing an interview because they plain out forgot (believe it or not) and they went to the local office and were told to file the MTR and got a new interview date. There was a lot of discussion about what to say- but it turned out it didnt matter much because the office was only interested in collecting the fee.

[JoelyLeidy 3]

The question that need begs to be asked, why was it denied?

[Hypnos 6,576]

It's a question already answered earlier in this thread.

[KierenHby 897]

The question that need begs to be asked, why was it denied?

It's been asked, answered.. and re-answered in multiple posts above.

[Dave&Roza 748]

The question that need begs to be asked, why was it denied?

Please read POST #7.

[TBoneTX 43,041]

OP, this gigantic immigration-law firm has extremely reasonable e-mail/telephone consultation rates:

http://www.fosterquan.com/services/individuals-and-families/

Immigration law is Federal, so it doesn't matter where you live in the U.S.

I have no connection with the above firm except as a satisfied former customer.

[shobusun 0]

Hi and thanks to everyone who's participated in this thread...I'm sincerely grateful for your responses! Especially thanks to Hypnos, Henry357, and Damara...

Although I came very close to choosing to submit an MTR (motion to reconsider), alas and ultimately, I feel that the most certain route at this point is to file the I-130. My only question now is, where/when do I file? Should I file immediately here in the U.S., or, if I have the opportunity to move to Thailand soon, wait until I arrive in Thailand- considering that if I file here, then move to Thailand there could be some weird-itchy problem? Not sure it matters, but if anyone has advice I'd appreciate it...

Thanks!

[Boiler 43,425]

On what basis would you be moving, I assume Thailand does DCF.

[Hypnos 6,576]

You may be eligible to file an I-130 via DCF at the Bangkok USCIS office: http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-bangkok-field-office

You would normally need to be resident there for a certain amount of time, and usually tourist visas don't count. Filing through DCF will usually get you a visa in a matter of weeks. It is very fast.

Otherwise you would file here in the US through the normal I-130 process.

Edited September 19, 2015 by Hypnos

[shobusun 0]

@Hypnos

Hmm...well, what constitutes as 'residing' in Thailand? It doesn't specify on their website- it simply says:

Form I-130

U.S. citizens residing in Thailand may file a Form I-130, Petition for Alien Relative, at the Bangkok Field Office in person during normal business hours.

You mention that 'usually tourist visas don't count'- so only someone with a work visa, student visa, etc.? Then what about sending the I-130 to them from the U.S.? The information on the page seems to suggest this possibility- because they list an express mail address, mailing from the U.S.,etc.?

Edited September 19, 2015 by shobusun

[Boiler 43,425]

A visitor is visiting not residing.

I am resident of Colorado, if I visit California I am not a resident of California.

[Lowlie 191]

The question that need begs to be asked, why was it denied?

They missed their AOS appointment without calling to cancel or arrange a new time.

[Boiler 43,425]

I think the questions have been why they missed it.