Had to leave the country asap

[Brankster 0]

The AoS is abandoned.

AP is needed in advance. So thats out.

How would you contact the Embassy and what would you ask for? You could contact the information sic line, in Scotland...

VWP is still possible, but a lottery, filing for adustement after VWP entry even more so.

I would file that CR1 ASAP.

If i did how long am i looking at?

[Brankster 0]

When i left US soil the girl asked me for the green part i should have had on my passport. I think she ment the i-129 the green part i would have if i was ther to visit. I never had that so she let me go anyway. If my passport was not scanned and she did not have this then how would anyone know i left in the first place. Could i just not go back on a vwp 90 day visa and stay. And just take a chance that they did not know i was away???

I would be willing to try. Its a gamble but could be worth it. If it did not work then Lisa could move to the UK.

[Lance27 19]

Unfortunately you cannot. All Airlines are required to forward passenger manifests to DHS so they do know when you left the country. Take my word for it. I found out the Hard way. Luckily I had strong proof of ties to Canada and was let in a few days later for a visit until my papers were processed. I did lose a one way airline fare though since I was not able to clear pre customs at Toronto Pearson the first time.

Edited December 28, 2007 by Lance27

[Empress of Groovy 373]

Geez, that sounds tricky. I think that your best bet, as others mentioned, is to see if you can get anywhere with the embassy. Although it's true that you're supposed to have the AP before departure, because the emergency occurred on a day when the USCIS offices are closed, you felt that you had no choice but to depart. You'd likely have to get some documentation of the emergency. People's anecdotes about being granted emergency AP seem to vary widely, and I don't remember reading about someone trying to get it after the fact (I'm sure it's happened, though). It's worth seeing what you can do to minimize the time that you and your wife are apart. Try not to panic; you can't be the first person to leave under similar circumstances. The whole AP thing is such a racket anyway, it really pisses me off that you essentially have to pay to leave while they take their sweet time processing the applications. Then again, I guess I'm a bit bitter because we've been waiting on AOS for two years.

By the way, did you apply for AP along with your AOS?

Good luck!

[Brankster 0]

No i did not even know i could have applied. I did not know untill tonight that i could not leave the country.

[Lance27 19]

As others have suggested, try contacting the Consulate and see if there is anything that can be done to accomodate your situation. If there is no other way then the CR1 route or K3 might something to consider. Good luck and I really hope that the US Consulate can do something for your case.

[Brankster 0]

Well im still awake as im on Pacific time still. Only been here a day and a half. I will wait up and call the consulate at 8am. I just cant believe how stupid i have been. My mother actually got diagnosed with cancer on teh 24th. She kind of knew on the 22 the day i booked my flight. But if i need proof it could work out as when i found out the us consulate was closed and i flew on the 25th where it was also closed. I am really close to my mother and i had to come to her. The bad thing however is that i had a biometric test arranged for the 22nd which i never made because i was at airport booking flight. Lisa sent a letter and back dated it to the 20th aying i had left the country. She only posted it tonight so she is going to get up early and get it before it posts.

[DavidsPrincess 1]

Pretty recently they combined the fee of the work permit and advanced parole with the AOS so that you can apply for all three at the same time with no extra cost. I would be very disappointed in our immigration system to hear that you cannot return after such an emergency. Your best bet is to definitely call the embassy as soon as possible, and get any proof together that you can of the emergency (hospital records, etc.?) and see what you can get. I can't imagine the only way to come back is to get a whole new visa, but that may be the case. Good luck either way, really sorry for your situation.

[chispas 0]

Best wishes on your situation .

[athena_ny 1]

Pretty recently they combined the fee of the work permit and advanced parole with the AOS so that you can apply for all three at the same time with no extra cost. I would be very disappointed in our immigration system to hear that you cannot return after such an emergency. Your best bet is to definitely call the embassy as soon as possible, and get any proof together that you can of the emergency (hospital records, etc.?) and see what you can get. I can't imagine the only way to come back is to get a whole new visa, but that may be the case. Good luck either way, really sorry for your situation.

It's pretty much common knowledge that after filing AOS, if you leave without AP you've abandoned your application and need to refile for a new visa.

Doubtful the embassy will be able to do much, but nothing ventured nothing gained.

[SusieK 3]

Pretty recently they combined the fee of the work permit and advanced parole with the AOS so that you can apply for all three at the same time with no extra cost. I would be very disappointed in our immigration system to hear that you cannot return after such an emergency. Your best bet is to definitely call the embassy as soon as possible, and get any proof together that you can of the emergency (hospital records, etc.?) and see what you can get. I can't imagine the only way to come back is to get a whole new visa, but that may be the case. Good luck either way, really sorry for your situation.

It's pretty much common knowledge that after filing AOS, if you leave without AP you've abandoned your application and need to refile for a new visa.

Doubtful the embassy will be able to do much, but nothing ventured nothing gained.

Sad stuff mate, go to US Embassy with enough information to try to plead your case, but I know from hubbie they are tough cookies - I would look a the senior members here and take their advice very carefully and dont even try to come in on the VWP - you dont want to jepordize what you have already been through and be caught with fraud. The WVP is for visits of 90 days or less, so in essence you entering would be fraud.

Maybe talk to a lawyer first before you go any further, I know I know, they are worth less than a pound in some cases, but maybe there is something to help you.

Good Luck to you

Susie

[desert_fox 32]

My wife found out the hard way like you, and she had a REAL emergency. The State Dept (i.e. US Consulate) do not issue AP documents. This is strictly a USCIS responsilbility. She spoke with the Consul in two differnt countries and they would not get involved, as they have no authorization to do so.

[Brankster 0]

I called and spoker to a girl who never really knew much. She kept putting me on hold to ask her supervisor. So after a few mins she asked me to email the consular in London and they will tell me what i have to do and it will take a couple of days for a reply. Dont like the sound of this.

[Ian + Anne 0]

I called and spoker to a girl who never really knew much. She kept putting me on hold to ask her supervisor. So after a few mins she asked me to email the consular in London and they will tell me what i have to do and it will take a couple of days for a reply. Dont like the sound of this.

Looks like you are going to have to file CR1 / K3.

Good luck.

[Brankster 0]

I called and spoker to a girl who never really knew much. She kept putting me on hold to ask her supervisor. So after a few mins she asked me to email the consular in London and they will tell me what i have to do and it will take a couple of days for a reply. Dont like the sound of this.

Looks like you are going to have to file CR1 / K3.

Good luck.

In the email i told them that i have no job here and my wife is living in an apartment which she could not afford herself and had a lease. I cant afford to pay for that and then get a place here and still need to find a job. Im just hoping someone sees that i have made a mistake and is leniant with me. I done all the hard work to get the visa and have been marries and had the best 5 months of my life and i really cant even think that i would be without her for months again. What if my mother died and the offices were shut. Do you need to wait till they open?