k1 approved, already in usa and married in usa, but might forfeit AOS

[landwarrior 0]

Hi,

Been lurking the forums, and read some good advice and now we need advice of our own.

Here is our situation:

Hi,

Been lurking the forums, and read some good advice and now we need advice of our own.

Here is our situation:

We completed the k1 process, fiance arrived in usa, got social security number, got married, and we are about to start the AOS paperwork process.

However, due to some unexpected family emergency, my wife might have to leave the country for a period of 3-6 months. I know about the advance parole option, but since she might have to be out of the country for up to 6 months, then even if she were to leave with advance parole, we might forfeit the application based on either her lenght of stay out of the country, or some other factor.

Does anybody know what options we might have, and since we got married, what process would we go thru, as it wouldn't be redoing the k1 process as she is no longer a 'fiance' but a wife?

Thanks in advance!

John&Lucy

[DanielParul 50]

Apply for an emergency AP and once she gets it she can spend upto 6 months outside USA without ant problem. If she is planning for a longer than 6 months trip, then she needs to get permission but it can be done.

If she leaves without the AP then she will not be allowed reentry into the US and you will need to go through another visa process, this time spouse visa.

[payxibka 10,048]

no emergency AP is possible unless you have the I-485 application filed... get it going ASAP!!!!

[DanielParul 50]

no emergency AP is possible unless you have the I-485 application filed... get it going ASAP!!!!

Thats what I meant . Apply for AOS and the emergency AP with it. Can anyone who's done this explain better how to do it.

[payxibka 10,048]

Apply for LPR status (I-485)

Once proof of application is in hand (NOA), make InfoPass appointment.... It is best to bring the documented reasons for the issuance of AP with you

[landwarrior 0]

Thanks so much for the quick response....

DanielParul----is the spouse visa the k3 process?

Also, you mentioned in case of staying more than 6 months abroad to get permission. What do you mean by 'permission' and how do you apply for that?

Thanks to all for the prompt responses!

[DanielParul 50]

My bad! I was confused between AP and reentry permit for LPRs

Read this and you will have all your questions answered

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Yes a spouse visa would be a K3 or CR1/IR1

[Tim&Lanie 1]

Hi,

Been lurking the forums, and read some good advice and now we need advice of our own.

Here is our situation:

Hi,

Been lurking the forums, and read some good advice and now we need advice of our own.

Here is our situation:

We completed the k1 process, fiance arrived in usa, got social security number, got married, and we are about to start the AOS paperwork process.

However, due to some unexpected family emergency, my wife might have to leave the country for a period of 3-6 months. I know about the advance parole option, but since she might have to be out of the country for up to 6 months, then even if she were to leave with advance parole, we might forfeit the application based on either her lenght of stay out of the country, or some other factor.

Does anybody know what options we might have, and since we got married, what process would we go thru, as it wouldn't be redoing the k1 process as she is no longer a 'fiance' but a wife?

Thanks in advance!

John&Lucy

Well, Here is the REAL deal.....screw the family emergency.....I know it sounds cold, but wait until AOS / GreenCard is complete......then travel...if this relationship is worth it....then wait. The "Family Emergency" may well throw up some RED flags to USCIS...I simply would not chance it since you already have your spouse here in the US. If she leaves she may be "abandoning" her I-485.....and that only means one thing.....K3....and if you thought K1 was bad, triple the cost, AND triple the paperwork to get her back to the USA on a K3.

[diadromous mermaid 36]

What red flags, might I ask? I can't see the rationale in such a comment.

Hi,

Been lurking the forums, and read some good advice and now we need advice of our own.

Here is our situation:

Hi,

Been lurking the forums, and read some good advice and now we need advice of our own.

Here is our situation:

We completed the k1 process, fiance arrived in usa, got social security number, got married, and we are about to start the AOS paperwork process.

However, due to some unexpected family emergency, my wife might have to leave the country for a period of 3-6 months. I know about the advance parole option, but since she might have to be out of the country for up to 6 months, then even if she were to leave with advance parole, we might forfeit the application based on either her lenght of stay out of the country, or some other factor.

Does anybody know what options we might have, and since we got married, what process would we go thru, as it wouldn't be redoing the k1 process as she is no longer a 'fiance' but a wife?

Thanks in advance!

John&Lucy

Well, Here is the REAL deal.....screw the family emergency.....I know it sounds cold, but wait until AOS / GreenCard is complete......then travel...if this relationship is worth it....then wait. The "Family Emergency" may well throw up some RED flags to USCIS...I simply would not chance it since you already have your spouse here in the US. If she leaves she may be "abandoning" her I-485.....and that only means one thing.....K3....and if you thought K1 was bad, triple the cost, AND triple the paperwork to get her back to the USA on a K3.

[payxibka 10,048]

Well, Here is the REAL deal.....screw the family emergency.....I know it sounds cold, but wait until AOS / GreenCard is complete......then travel...if this relationship is worth it....then wait. The "Family Emergency" may well throw up some RED flags to USCIS...I simply would not chance it since you already have your spouse here in the US. If she leaves she may be "abandoning" her I-485.....and that only means one thing.....K3....and if you thought K1 was bad, triple the cost, AND triple the paperwork to get her back to the USA on a K3.

ummm if another visa would be required (only because the OP did not get AP before departure)... K-3 is not the only option ... Please refrain from sensationalism as you are unaware of what you are talking about

Edited December 1, 2008 by payxibka

[ikarus 1]

Well, Here is the REAL deal.....screw the family emergency.....I know it sounds cold, but wait until AOS / GreenCard is complete......then travel...if this relationship is worth it....then wait. The "Family Emergency" may well throw up some RED flags to USCIS...I simply would not chance it since you already have your spouse here in the US. If she leaves she may be "abandoning" her I-485.....and that only means one thing.....K3....and if you thought K1 was bad, triple the cost, AND triple the paperwork to get her back to the USA on a K3.

ummm if another visa would be required (only because the OP did not get AP before departure)... K-3 is not the only option ... Please refrain from sensationalism as you are unaware of what you are talking about

thanks for the responses.....

just to clarify, wife is still in the country; we just found out about the situation so we were in the process of gathering all the paperwork, and applying for the AP, but we haven't sent any of the papework in, and we were just trying to find what the options were.

thanks for all the replies

[Boiler 47,970]

There is no AP time limit for being out of the US, you would need to be back for the interview.

Otherwise look up CR1.