Not approved at interview, but have Advanced Parole to travel

[ga301 0]

I searched all over here and web for an answer to my question, but came up empty.

My wife and I went to our immigration interview last week and we were missing one piece of information the officer wanted. A utility bill with both our names on it. My fault for being unprepared on this one piece of info although we had everything else the officer was looking for. However, later that day two very good and helpful neighbors of ours created affidavits that I had notarized which said we did indeed live as husband and wife. We gave these to the immigration officer the very next day. Her response was that we'd have to wait two or three weeks to see if all of our information will result in my wife being approved for her green card. We had our fingers crossed (wishful thinking?) that she would re-examine the info and stamp her passport.

My wife has her Advanced Parole forms in hand and plans to leave the US for Taiwan this week while we wonder what is going on with our case.

Everything I have read online seems to indicate that as long as our case is being processed my wife can travel and is safe to re-enter the country. We were married about two months prior to her tourist visa expiring which seems to indicate that she would not suffer the three-year ban penalty.

Hope someone here can shed some light on it for me as I am quite concerned she will not be able to come back into the country.

Edited April 28, 2009 by ga301

[Chica Yeyé 41]

I do not think it is a good idea for her to risk travel with her case pending; but I am sure someone will chip in with more accurate info.

[Bobby+Umit 161]

I do not think it is a good idea for her to risk travel with her case pending; but I am sure someone will chip in with more accurate info.

Concur, being that close to a decision, what happens if they want you to come back for another inteview or something?

I would think the AOS/greencard should be priority, you can always re-schedule a trip.

But you are correct, if the AP is valid, she can use it. However, if they deny the AOS, that AP becomes invalid, since it is connected to the AOS.

choice is up to you!

[TayRivers 4]

I searched all over here and web for an answer to my question, but came up empty.

My wife and I went to our immigration interview last week and we were missing one piece of information the officer wanted. A utility bill with both our names on it. My fault for being unprepared on this one piece of info although we had everything else the officer was looking for. However, later that day two very good and helpful neighbors of ours created affidavits that I had notarized which said we did indeed live as husband and wife. We gave these to the immigration officer the very next day. Her response was that we'd have to wait two or three weeks to see if all of our information will result in my wife being approved for her green card. We had our fingers crossed (wishful thinking?) that she would re-examine the info and stamp her passport.

My wife has her Advanced Parole forms in hand and plans to leave the US for Taiwan this week while we wonder what is going on with our case.

Everything I have read online seems to indicate that as long as our case is being processed my wife can travel and is safe to re-enter the country. We were married about two months prior to her tourist visa expiring which seems to indicate that she would not suffer the three-year ban penalty.

Hope someone here can shed some light on it for me as I am quite concerned she will not be able to come back into the country.

It does not matter how long you were married before the I-94 expired. The timeframe you need to look at is when did her I-94 expire not the visa and when did you file for AOS. These are the dates that would indicate if there is any overstay.

The biggest issue you will have is what if something goes wrong with the approval of the AOS, your wife would then be outside the US with no way of getting back in.

If she can delay her trip until she has been approved and either has the greencard in hand or has a I-551 stamp in her passport, then that would be the safest thing to do.

[^KK^ 3]

I hope everything works out for you and your wife.

[ga301 0]

The USCIS had all of our paperwork in hand four weeks before her visa expired.

It'll take some more conversation to see what we'll do. Basically, she's real homesick which is not unusual and tired of not being able to do anything here until her green card is approved.

It does not matter how long you were married before the I-94 expired. The timeframe you need to look at is when did her I-94 expire not the visa and when did you file for AOS. These are the dates that would indicate if there is any overstay.

The biggest issue you will have is what if something goes wrong with the approval of the AOS, your wife would then be outside the US with no way of getting back in.

If she can delay her trip until she has been approved and either has the greencard in hand or has a I-551 stamp in her passport, then that would be the safest thing to do.

[Chica Yeyé 41]

I can understand -believe me- her homesickness ; but risking denial at POE and hence loosing all the time and money you have involved in the process I simply cannot understand.

Good luck.

[Jon&Lindsey 0]

I also understand homesickness/frustration at not being able to do things, but I wouldn't risk it now that a decision is so close. To clarify, you filed and received the NOAs before the I-94 expired or the visa expired? The i-94 is what matters, not the visa.

[ga301 0]

The USICS had our paperwork in hand before the I-94 expired.

I also understand homesickness/frustration at not being able to do things, but I wouldn't risk it now that a decision is so close. To clarify, you filed and received the NOAs before the I-94 expired or the visa expired? The i-94 is what matters, not the visa.

In the meantime I found out some other info about the process.

Since we were not able to give the immigration officer the required info the same day, our file gets put back into the pile and is then picked up by another immigration officer to review. The whole process starts all over again. This review will take between 30 and 90 days. Since the first immigration officer indicated that we have supplied the rest of the required information, we'll stay confident that my wife will be approved.

Gonna have to. She's determined to make the trip regardless.

Thanks for everyone's replies. They've been helpful.

Edited April 28, 2009 by ga301

[Chica Yeyé 41]

Hey, if you want to risk it due to a trip that can wait --- more power to you.

[ga301 0]

I would prefer she wait, but she's a little ticked that I missed the one piece of info and I guess, rightfully so. The plane tickets are purchased, but I'd pay the difference to change the date no problem. I've got about 24 hours to help change her mind...

Hey, if you want to risk it due to a trip that can wait --- more power to you.

[Luckygoat 2]

I searched all over here and web for an answer to my question, but came up empty.

My wife and I went to our immigration interview last week and we were missing one piece of information the officer wanted. A utility bill with both our names on it. My fault for being unprepared on this one piece of info although we had everything else the officer was looking for. However, later that day two very good and helpful neighbors of ours created affidavits that I had notarized which said we did indeed live as husband and wife. We gave these to the immigration officer the very next day. Her response was that we'd have to wait two or three weeks to see if all of our information will result in my wife being approved for her green card. We had our fingers crossed (wishful thinking?) that she would re-examine the info and stamp her passport.

My wife has her Advanced Parole forms in hand and plans to leave the US for Taiwan this week while we wonder what is going on with our case.

Everything I have read online seems to indicate that as long as our case is being processed my wife can travel and is safe to re-enter the country. We were married about two months prior to her tourist visa expiring which seems to indicate that she would not suffer the three-year ban penalty.

Hope someone here can shed some light on it for me as I am quite concerned she will not be able to come back into the country.

It does not matter how long you were married before the I-94 expired. The timeframe you need to look at is when did her I-94 expire not the visa and when did you file for AOS. These are the dates that would indicate if there is any overstay.

The biggest issue you will have is what if something goes wrong with the approval of the AOS, your wife would then be outside the US with no way of getting back in.

If she can delay her trip until she has been approved and either has the greencard in hand or has a I-551 stamp in her passport, then that would be the safest thing to do.

Question...if you file AOS 2months prior to the I-94 expiring, but do not get everything back before the I-94 expires. It is ok to stay in the country even tho is it expired right?

[Goober 0]

I would prefer she wait, but she's a little ticked that I missed the one piece of info and I guess, rightfully so. The plane tickets are purchased, but I'd pay the difference to change the date no problem. I've got about 24 hours to help change her mind...

Hey, if you want to risk it due to a trip that can wait --- more power to you.

No offense, but if she can't hang in there for a few more weeks until this is resolved and wants to take the BIG RISK of not being able to re-enter the USA for 5 years because she doesn't have the patience to wait a couple more weeks for the most important process in your marriage to get resolved THEN tell her to have a nice trip and you will see her in 5 or 6 years (assuming you haven't found someone else who is more sensible in the mean time!)

Seriously, if you can't get her to change her mind about this then she is basically saying "my need to resolve my homesickness IMMEDIATELY is more important than my commitment of marriage to my husband". If that's what she REALLY means (and I don't think it is - I'm just trying to make a point here so you can show her this) then you must let her go, as apparently she really doesn't love you anymore.

Don't mean to be cruel, but just tellin' it like it is. Hope she comes to her senses soon! Take her to a nice dinner in Chinatown, assuming she does!

Good luck to both of you!

[Cino 5]

It is risky not because she will be denied at POE, she won't,

but they might ask some RFE's from both of you or possible second interview.

To clarify something, since she has NOA for AOS before the I-94 expired,

she is no longer considered as an "OVERSTAYER".

If she really has to go, tell her to be on-call as she might be needed here.

She had better to take 2 copies of AP, Marriage Certificate, NOA for AOS of course her passport etc....

[ga301 0]

No offense taken. It is a good point and one that we've already discussed. Besides being homesick, she wants to get her son who she has not seen in almost a year now. Between her ex-husband and family there is a chance she could lose custody of him the longer she waits. If not for this, she would not be having thoughts of returning so urgently. But again, there is the chance the whole future of us as a family could be ruined due to impatience. And a nice family is something that she really wants.

And I think she is just a lot more optimistic than I am about the whole process. I can't really see a reason why she wouldn't get approval, but as I've read on this board, you just never know.

Through doing this whole process and reading about others experiences here, it's been quite a learning process. It's all been pretty good except for an exceedingly rude immigration officer.

Thanks for the good wishes and I've still got time to do some convincing.

Don't mean to be cruel, but just tellin' it like it is. Hope she comes to her senses soon! Take her to a nice dinner in Chinatown, assuming she does!

Good luck to both of you!