Left USA while AOS

[Tinh ve noi dau 0]

I have a question, hope i can get help here, my wife left the US to go back to viet nam for family emergency while her AOS is still pending, after she left then i realized that her k1 visa from taiwan with only 1 entry, what can i do at this point? when she comes back to viet nam, Port of entry will not allow her to come back, , help ehlp help

[NigeriaorBust 4,087]

There isn't a lot you can do at this point except start over with a CR1. The rules of the visa are pretty specific about it being good for a single entry. If she left without receiving permission before in the form of AOS or emergency advance parole then the K1 is void and you are looking at a new process. Has she already been refused entry ?

[Tinh ve noi dau 0]

There isn't a lot you can do at this point except start over with a CR1. The rules of the visa are pretty specific about it being good for a single entry. If she left without receiving permission before in the form of AOS or emergency advance parole then the K1 is void and you are looking at a new process. Has she already been refused entry ?

no not yet she is not coming back for another month or two

[Dakine 26]

There isn't a lot you can do at this point except start over with a CR1. The rules of the visa are pretty specific about it being good for a single entry. If she left without receiving permission before in the form of AOS or emergency advance parole then the K1 is void and you are looking at a new process. Has she already been refused entry ?

no not yet she is not coming back for another month or two

I doubt if it will help but make a Infopass appointment and go talk with them.

[Penguin_ie 5,994]

How far into the AOS process is she? If she has already done biometrics etc, and you are just waiting for the greencard, you can send her that once she arrives.

[justashooter 430]

How far into the AOS process is she? If she has already done biometrics etc, and you are just waiting for the greencard, you can send her that once she arrives.

this might not be true. if she left USA before residency was granted she may have abandoned her petition. USCIS may have been notified of her departure and cancelled her process.

[Kathryn41 3,205]

Did she file for and receive an Advance Parole with the AOS application? If not, then when she left the US authorities will have considered her to have abandoned her AOS application. She will not be able to return to the US as she no longer has a valid visa or travel document on which to enter. You will need to start the immigration process over again from the beginning, this time applying for the CR-1 or the K-3 visa (CR-1 is recommended as cheaper and a better value even though it is slightly longer right now).

I'm sorry that you are facing this challenge. Good luck to you both.

[Tinh ve noi dau 0]

Did she file for and receive an Advance Parole with the AOS application? If not, then when she left the US authorities will have considered her to have abandoned her AOS application. She will not be able to return to the US as she no longer has a valid visa or travel document on which to enter. You will need to start the immigration process over again from the beginning, this time applying for the CR-1 or the K-3 visa (CR-1 is recommended as cheaper and a better value even though it is slightly longer right now).

I'm sorry that you are facing this challenge. Good luck to you both.

no, not yet, all i did was just send I-485 I figure that if she ever need to go any where as soon she got the green card then she would be able to, I tried to tell her she doesn't want to listen she just do what she wants. , and every time she do some thing like this I am the one always getting stuck.

[john_and_marlene 162]

There isn't a lot you can do at this point except start over with a CR1. The rules of the visa are pretty specific about it being good for a single entry. If she left without receiving permission before in the form of AOS or emergency advance parole then the K1 is void and you are looking at a new process. Has she already been refused entry ?

no not yet she is not coming back for another month or two

She will not be coming back in a month or two. She has no visa with which to enter. An INFOPASS appointment cannot change the law. There is no special provision for her to be able to return without a new visa. You might as well get an I-130 started now rather than later. She needs a new visa.

[Mike's Lucy 14]

I'm sorry this happened. Like what others said, i guess you need to file again.

[john_and_marlene 162]

I recommend the CR-1 visa rather than the K-3. With the CR-1 you will not have to do the AOS.

Edited November 12, 2009 by john_and_marlene

[Kathryn41 3,205]

Posts with inappropriate 'off-topic' type of comments and posts quoting same comments have been removed. If you have nothing useful to add to the discussion then do not add anything at all.

[lucyrich 20]

To reinforce much of what's already been said, a bit of the legal theory background: Non-immigrant status is ordinarily for a temporary visit. So that status ordinarily terminates completely when your temporary visit is over on the day you leave. You can't bring it back once terminated, but instead you can, if eligible, apply to enter once again for a brand new temporary visit.

Adjustment of status is a request to change your non-immigrant status to lawful permanent resident status. In order to do this, you've got to have status from which to adjust.

If you leave while adjustment of status was pending, you ordinarily have terminated your non-immigrant status. Since you have no status from which to adjust, you therefore have abandoned your attempt to adjust status.

There is a way around this, but it involves getting an advance parole document before you leave. After you leave is too late, because your status has already terminated.

You are now in a situation just like any other married couple where the alien spouse has no paperwork to allow entry. You've got to file a petition and start the visa process.

[Brother Hesekiel 2,236]

I have a question, hope i can get help here, my wife left the US to go back to viet nam for family emergency while her AOS is still pending, after she left then i realized that her k1 visa from taiwan with only 1 entry, what can i do at this point? when she comes back to viet nam, Port of entry will not allow her to come back, , help ehlp help

You didn't mention anything specific about the family emergency, but I assume your wife is one of the most gifted brain or cardiac surgeons in Vietnam and had a life-or-death operation on a close family member (mother or father) to perform. In an emergency like that, the whole visa issue becomes secondary for many people, as saving the life of a parent is more important indeed. Hope the operation was successful and the parent is on the way to recovery.

[TBoneTX 45,536]

I assume your wife is one of the most gifted brain or cardiac surgeons in Vietnam and had a life-or-death operation on a close family member (mother or father) to perform. In an emergency like that, the whole visa issue becomes secondary for many people, as saving the life of a parent is more important indeed. Hope the operation was successful and the parent is on the way to recovery.

Huh?