Abandonment

[ahebl 0]

What are the consequences of abandoning an AOS application by traveling abroad without advance parole? If my wife were to do this, what would she need to do to come back to the US and resume the green card application? How long would she have to wait, etc.?

Thanks!

[Barbarella UK 0]

What are the consequences of abandoning an AOS application by traveling abroad without advance parole? If my wife were to do this, what would she need to do to come back to the US and resume the green card application? How long would she have to wait, etc.?

Thanks!

I am assuming that your wife is the non-USC beneficiary and that she arrived on a K1 visa and that you married within the 90 day period after she arrived in the US.

If she now leaves the US without first receiving Advance Parole papers then she will probably be denied re-entry and will be deemed to have abandoned the Adjustment of Status process.

You would then have to start the process all over again, with your wife outside the US, and would need to apply for a K3 visa for her.

I would NOT leave the country. In a dire emergency she could apply for Emergency Adavance Parole but I have no idea what circumstances might merit this other than a family death or serious accident etc.

Edited April 8, 2008 by Barbarella UK

[Krikit 1,163]

If she now leaves the US without first receiving Advance Parole papers then she will probably be denied re-entry and will be deemed to have abandoned the Adjustment of Status process.

Fixed that.

She will not be able to resume greencard application, Ahebl. You will need to petition for a new visa as a married person. How long would she wait? I believe another year (+/-).

[JaEnglishGirl 34]

If she now leaves the US without first receiving Advance Parole papers then she will probably be denied re-entry and will be deemed to have abandoned the Adjustment of Status process.

Fixed that.

She will not be able to resume greencard application, Ahebl. You will need to petition for a new visa as a married person. How long would she wait? I believe another year (+/-).

If she has already applied for AP, then should they approve that he COULD send it to her and she could use that to re-enter.

[Krikit 1,163]

If she has already applied for AP, then should they approve that he COULD send it to her and she could use that to re-enter.

Oh. Didn't look to see that they'd already applied for it. Can she hang on another few weeks, Ahebl? She should be receiving it soon. And, yes, she could try to use the AP to get back in if it's approved after she's left the country. Just as long as she knows she may get turned back if she encounters a vigilant CBP officer.

[ahebl 0]

Thanks for your replies! That's kind of what I figured, and I am still pretty confident that we should have the AP by the all-important date, June 1st, when we need to head to Portugal for our religious wedding, since June 1st is after the 90 day window on the AP NOA, which ends May 13th.

BUT

If mid-May should roll around and we still don't have the AP, how strong a case for emergency AP do we have if:

1) our families have already spent $50,000 in preparation for this wedding; and

2) we wouldn't really be moving that far up in line, right (since we filed in early February)?

Of course I understand that you never know for sure how things will turn out, but based on your experience and what you have heard from other

people, does this seem like the type of thing that might warrant emergency AP? And if not, how confident would you be that we get the AP in time?

[ahebl 0]

Oh wow, so I COULD theoretically get the AP in the mail after she leaves, and then bring it to her, and with a little luck, she could get back in with it? What fact changed your response Krikit, since I asked you this yesterday and you were pretty firmly no?

Thanks again for your replies people! I really appreciate it!

[JaEnglishGirl 34]

Unfortunately neither reason in my opinion would justify emergency AP

[athena_ny 1]

Unfortunately neither reason in my opinion would justify emergency AP

Yeah, agreed.

[ahebl 0]

So getting emergency AP isn't even worth the effort based on our situation, since we would have no chance?

If that's the case, if worse came to worse and the AP doesn't come in time, and we absolutely do need to go to our wedding due to the costs already expended, would you say that our best course of action would be for me to wait until the last minute to get the AP, and then bring it to her to come back with?

Also, is there any reason to start worrying about the AP issuing under the normal time frame since it hasn't been touched since February 13th?

Thanks.

[Krikit 1,163]

The AP should arrive before she leaves, Ahebl. If it doesn't, I would try an Infopass appointment. But the success lies firmly in the hands of the type of officer you get. Some I've read have been super easygoing about issuing the emergency AP, and some have taken a firm no-nonsense stance. It's completely unpredictable. In my own experience, they were very understanding.

Oh wow, so I COULD theoretically get the AP in the mail after she leaves, and then bring it to her, and with a little luck, she could get back in with it? What fact changed your response Krikit, since I asked you this yesterday and you were pretty firmly no?

Because she could still TRY to get in with the AP and, as long as the POE officer does not notice the issuing date and the exit date, she could get through.

[Cécy 44]

Right now you should not worry too much. The fact that it has not been touhed doesn't really mean much.

If you don't have it by 90 days, then make an infopass appointement so you can explain your situation and see if anything can be done at your local office.

If that case is needed, do bring some proof of the wedding reservation, etc. with you.

[Barbarella UK 0]

Just out of curiousity it would be interesting to hear from any members who actually have, successfully or otherwise, tried to re-enter with Advance Parole papers that were physically in hand at the point of re-entry but had not yet been issued prior to the applicant's departure from the US.

Personally I'd be too worried to take the risk of leaving without the AP documents in hand but that's just me

I hope that the documents arrive in time for your wife - if not the other poster's advice should give you some ideas on how best to proceed.

Edited April 8, 2008 by Barbarella UK

[ahebl 0]

Thank you all so much for your replies and encouragement!

I guess we just need to keep our fingers crossed that it comes soon, but it is good to know that there are some options before we have to start panicking.

As barbarella said, for obvious reasons, I would also be very interested to know the extent to which other people have succeeded in reentering with a document that had not yet issued before they left.

Thanks again.

[MarkNAshley 0]

I can say from experience that a planned wedding does not in the eyes of USCIS constitute an emergency. Just thought i'd share!