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Thinking of leaving....think again.

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Just wanted to post this as a word to the wise. My friend who came here on a K-1 visa and is in the process of AOS is back sitting in Nova Scotia at her parents as they would not let her cross back into the US. She argued that her I-94 says multiple entries, and its still valid but the CBP officer said that it was her responsibility to know that a K-1 only gets one entry till they adjust status. She was in tears as she read someone posting on here that its "ok" to go back and forth. I told her, "I TOLD YOU NOT TO GO TILL AP" but she didn't listen. Mine says multipe entries as well, and I questioned it on here. She just responded back a couple days ago for the RFE she received for the I-693. Hopefully her honey can send her the AP when it comes and she can get back to her new life.


Wisconsin Hunter & A Canadian Beaver

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Hmm - this is a problem.

Did she do her biometrics before she left?

Also - the application is considered abandoned because she left the US before it was issued. (read the AP instructions).

She will have to explain the date mismatch between the AP and her entry/exit (and they seem to know she left prior to the AP - CBP officer said that it was her responsibility to know that a K-1 only gets one entry till they adjust status)

Edited by Bobby+Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: AOS (apr) Country: Philippines
Timeline
Hmm - this is a problem.

Did she do her biometrics before she left?

No biometrics needed for AP

However, AP must be approved BEFORE departure. AP protects the status that she has when AP is approved. Since she left BEFORE AP was approved there is no longer any status as she gave it up the day she crossed the border. AP won't help here and I am afraid they will be starting over with a spousal visa.

Edited by payxibka

YMMV

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This isn't the first time this has happened. They will most likely have to start all over again. I don't think even a elected representative can help.


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United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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Filed: AOS (apr) Country: Philippines
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This isn't the first time this has happened. They will most likely have to start all over again. I don't think even a elected representative can help.

Correct, an elected representative cannot force admission of an otherwise inadmissible alien


YMMV

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No biometrics needed for AP

However, AP must be approved BEFORE departure. AP protects the status that she has when AP is approved. Since she left BEFORE AP was approved there is no longer any status as she gave it up the day she crossed the border. AP won't help here and I am afraid they will be starting over with a spousal visa.

Yep - your right - I was asking to see how far along they were.

I read a similar case, but they had all the AOS things out of the way and managed to get the GC.

Sadly, the OP's friend attempted to return before the AP was decided on.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Canada
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It is sad but yes, if she left the country before the AP was issued she is deemed to have abandoned her application for a green card. She and her husband will have to start the immigration process all over again from the beginning, this time using a spousal visa. She is in for a long wait .

I remember when I activated my K-1 the immigration officer was very clear to me that I was not allowed to leave the US until I had my green card or my advance parole. He said it was the saddest part of his duty to turn back married Canadians who had returned to Canada 'just for a visit' without having received the necessary documents.


“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Filed: Citizen (apr) Country: Ukraine
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Just wanted to post this as a word to the wise. My friend who came here on a K-1 visa and is in the process of AOS is back sitting in Nova Scotia at her parents as they would not let her cross back into the US. She argued that her I-94 says multiple entries, and its still valid but the CBP officer said that it was her responsibility to know that a K-1 only gets one entry till they adjust status. She was in tears as she read someone posting on here that its "ok" to go back and forth. I told her, "I TOLD YOU NOT TO GO TILL AP" but she didn't listen. Mine says multipe entries as well, and I questioned it on here. She just responded back a couple days ago for the RFE she received for the I-693. Hopefully her honey can send her the AP when it comes and she can get back to her new life.

Wasn't this question asked here about an I-94 wth multiple entries and weren't they advised not to do this?

In this process if ANYone makes a mistake, it is YOUR problem. when you enter on a K-1 it is SINGLE ENTRY ONLY and the I-94 is valid for 90 days. Period. Anything else it says is wrong and YOU will pay the price if you ry to take advantage of someone else's mistake.

Thanks for the reminder


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Wasn't this question asked here about an I-94 wth multiple entries and weren't they advised not to do this?

In this process if ANYone makes a mistake, it is YOUR problem. when you enter on a K-1 it is SINGLE ENTRY ONLY and the I-94 is valid for 90 days. Period. Anything else it says is wrong and YOU will pay the price if you ry to take advantage of someone else's mistake.

Thanks for the reminder

Yes Gary and Alla, I asked when I got my I-94 as it said, multiple entries on it...I thought maybe it had changed or something. I told her not to go, but her bother was quite ill. I didn't know that till today, he passed away before she even made it back to Nova Scotia. Hopefully she will get a sympathetic ear at USCIS. She did do her biometrics.


Wisconsin Hunter & A Canadian Beaver

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In the future, for anyone reading this, you can always do an infopass to try to get emergency AP in order to see dying loved ones; I've read that it can get approved the same day. That's too bad for that person...


Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

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Filed: AOS (apr) Country: Philippines
Timeline
Hopefully she will get a sympathetic ear at USCIS. She did do her biometrics.

Except the USCIS does not control the borders....


YMMV

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In the future, for anyone reading this, you can always do an infopass to try to get emergency AP in order to see dying loved ones; I've read that it can get approved the same day. That's too bad for that person...

I know, and she knew that too. I know she wasn't thinking straight at the time.


Wisconsin Hunter & A Canadian Beaver

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Filed: Citizen (apr) Country: Ecuador
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I know she wasn't thinking straight at the time.
That's likely part of it, and understandable, even though it's ultimately her responsibility to know the single-entry-only rule. However, if she or you can produce the link to the message "on here" that said that re-entry is OK, maybe we can re-educate the misinformed purveyor of that information. If it was in an upper forum, it proves yet again how much awful and even perilous advice can be spewed there. Naturally, we don't & can't know that unless someone provides a link.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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This is a terrible shame to get so far and then have to start all over again.

When I first came over here on my K1 I used to have nightmares that I went home to do something and forgot all about the fact my visa was only valid for one entry. It was awful and I would wake up and be so thankful it was a dream. For this poor person there is no waking up.

Hope they get it sorted out and stay strong if they have to go through the process again.

Luke and Deanna


us_uk_flag-1.jpg

Our Timeline...
06-03-2007. Met Online
07-09-2007. Met in Person in the US
07-04-2008. WE GOT ENGAGED!!!

I-129F Timeline...

12-15-2008. Sent I-129F Petition to CSC
12-18-2008. NOA1. Money order cashed
05-22-2009. NOA2 APPROVED!
09-16-2009. Medical
09-28-2009. Interview. APPROVED!!!
10-06-2009. Visa received
10-10-2009. U.S. Entry
11-07-2009. Wedding


AOS Timeline...
11-30-2009. Sent AOS
12-07-2009. NOA1
01-07-2010. Biometrics appointment
01-12-2010. Transferred to CSC
02-17-2010. I-485 Card Production Ordered & Welcome Notice Sent
02-26-2010. GREEN CARD ARRIVED!!!


ROC Timeline...
12-28-2011. Sent ROC
12-29-2011. NOA1
02-15-2012. Biometrics appointment (Walk in on 01-26-2012)
06-06-2012. ROC APPROVED!!!
06-19-2012. 10 YEAR GREEN CARD ARRIVED!!!


Citizenship Timeline...
11-27-2012. Sent N-400
11-29-2012. NOA1
12-28-2012. Biometrics appointment
01-11-2013. In line for interview
01-28-2013. Notice of Interview Scheduled (Letter in mailbox 02-01-3013)
03-01-2013. Interview
05-08-2013. OATH DATE!
IM A CITIZEN!!!

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Filed: Citizen (apr) Country: Ukraine
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Yes Gary and Alla, I asked when I got my I-94 as it said, multiple entries on it...I thought maybe it had changed or something. I told her not to go, but her bother was quite ill. I didn't know that till today, he passed away before she even made it back to Nova Scotia. Hopefully she will get a sympathetic ear at USCIS. She did do her biometrics.

The shame is that if she had gone to USCIS with an infopass she could get an emergency AP sent to her in Canada (at the consulate in Montreal) for her to pick up on the way back. We did this for our son who had to come here and then return in a few weeks for college, we made an infopass right after he arrived, the local office did the AP application and asked if we wanted it sent to our home or to Moscow. we said to send it to Moscow and they sent it here anyway. :wacko: But he got it in just a few days. Had it been an emergency he could have left immediately after the infopass appointment.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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