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Olya2007

Please read!!! need your advice!!!

By Olya2007 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Dakine Veteran

Dakine   26

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)
Check and see if you can file the I-131 now and have him pick it up at his embassy later.

Seen something like that but not sure what the circumstances were!

Don't need a AP to leave the US. Just to return!~

You can't leave the country before you file AP, while you are waiting for AP, after AP is approved and you don't have the papers yet. You have to have AP in hand before leaving. End of story. That's the rules.

It sucks, but they are going to have to start all over again.

Yeah! Ran into this!

Advance Parole

Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad.

b]Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.

[/b]

As you said: SUCKS!!

Edited by Haole

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Cassie Mentor

Cassie   8

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted
Check and see if you can file the I-131 now and have him pick it up at his embassy later.

Seen something like that but not sure what the circumstances were!

Don't need a AP to leave the US. Just to return!~

You can't leave the country before you file AP, while you are waiting for AP, after AP is approved and you don't have the papers yet. You have to have AP in hand before leaving. End of story. That's the rules.

It sucks, but they are going to have to start all over again.

Yeah! Ran into this!

Advance Parole

Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad.

b]Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.

[/b]

As you said: SUCKS!!

Yeppers, it does, but that is one of the perils of coming in on K-1, unfortunately.

*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

Jan 27, 2014 NOA received and cheque cashed

Feb 13, 2014 Biometrics scheduled

Nov 7, 2014 NOA received and interview scheduled


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Neonred Experienced

Neonred   3,445

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

If there is one good thing to say it is that after filling out the paperwork for the K-1 and AOS you have all your documents together and you have a great knowledge of filing for visas. Get started immediately filing for K-3 or CR1 and you should be together again in less than a year. (Ugh)

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Olya2007 Explorer

Olya2007   0

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
  • Author
Posted

Thanks a lot for all who responded!!!! Now I see our way more clear, still difficult to admit that we need to start all over and it's scary that our previous case can arise as a problem to a new K3 case...but seems nothing else we could do. May be someone has in mind a really good lawyer to help me with the case?

My timeline:

K-1 visa

05 - 16 - 2007 - Sending off of my I-129F package

10 - 16 - 2007-Got NOA2 !!!!

12 - 11 - 2007 Interview date

K1 visa -APPROVED!!!!!!!!!!

January 15, 2008 -married

Submitted docs for AOS ...but ,very unfortunately, my husband had to return back to Ukraine due to emergency without travel document (AP)

Starting K3 process ......

back to the waiting game...

K-3 route

07-10-2008-I-130 sent

07-15-2008-Check cashed

07-16-2008-NOA1 at CSC

07-21-2008-Hard copy of NOA1

07-23-2008-129F sent

07-27-2008-129F received at Chicago lock box (sent by mistake there instead of CSC)..

08-12-2008 I-130 NOA 2 !!!!!!!!!

08-16-2008-I-130 NOA2 hard copy

NVC

08-19-2008 Case is in NVC (Changed my mind and now going CR1 route)

08-21-2008 Got IIN

08-26-2008 Paid AOS Bill online

08-26-2008-Sent DS3032 by mail

08-28-2008 AOS shows as Paid

08-29-2008-AOS package sent USPS overnight

08-29-2008 Paid IV bill online

08-30-2008 IV Bill shows as Paid

09-02-2008 AOS package recieved

09-03-2008 DS230 sent USPS overnight

09-05-2008 Both AOS and DS230 entered in the system

09-12-2008- CASE COMPLETE!!!!! 23 days for NVC ?? !!!! YESSS!!!!

10-29-2008-INTERVIEW!!!!-PASSED!!!!

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Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Hi, don't have the name of a lawyer but there shouldn't be any reason why your previous K-1 should be an issue on your K-3. Unfortunately, your situation isn't unique and USCIS is aware of such situations. Collect the documents you have now about the emergency, and when you are asked about previous visas and circumstances surrounding leaving the US, you can include the evidence to explain what happened. It shouldn't cause you any problems - it was an honest, if unfortunate, mistake. Just work on collecting the evidence to verify your marriage and hope that it gets a speedy review so you can be back together soon. The one good thing is that the K-3 is a multiple entry visa so that if other emergencies occur (heaven forbid!) you would not have to worry about leaving and returning. Good luck.

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zqt3344 Experienced

zqt3344   21

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

No way around it, he should not have went back without AP or GC. USCIS will not let him back in now. Next best thing is filing your K3 or CR1. Had similar situation but we planned ahead and waited it out barely in time for GC to arrive. It is not fair to you or spouse, for if he had a tourist visa, which I am sure that the USA embassy no doubt cancelled it during his K1 visa interview if he had one, so there is no way in and out on that one now. Too bad your spouse was not from one of those visa waiver countries.

Good luck. :innocent:

Hi my dear fellows VJ's! I have the following situation now;

My fiancé then came on K-1 visa. We got married and submitted documents for AOS. Everything was done in a timely matter.

Then suddenly in one week after we got notice from INS that they got our doc's -we've got a situation that required him to come back to Ukraine. It was a combination of events that we just could not do it differently at that time. We could not wait even one day. So we bought tickets for him and he left.

Now everything is back to normal, and of course we want and need to be together.

I realize what it means to drop the status; I understand that it would be extremely difficult. Just don't know where to start, and if it ever resolvable???????

Anyone who had some experience, or heard about simular situation-please advice!!!

Anyone who thinks I need to hire lawyer-please advise me on names!

Thanks in advance and looking forward for your replies!

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