AOS Filed - Wife left country

[danzi 0]

Okay. Here is the situation. My wife entered on the fiancee visa. We married. We filed the adjustment of status. But, she left the country before the green card arrived and without advance parole. Now, she wants to return. Can she? If so, how?

She has an interview appt. scheduled in Sept. for her green card.

Please help!

[raymaga 25]

Unfortunately, no, she cannot return now without first applying for the K-3 (Spousal Visa).

You need either the GC or AP to re-enter the U.S.

[rebelheart 0]

Okay. Here is the situation. My wife entered on the fiancee visa. We married. We filed the adjustment of status. But, she left the country before the green card arrived and without advance parole. Now, she wants to return. Can she? If so, how?

She has an interview appt. scheduled in Sept. for her green card.

Please help!

Wow, im sorry to hear that... i hope someone could give more details about it.

I am a K1 visa holder as well, but leaving without advance parole to my understanding is you abandoned your status already. bcos her visa as K1 is invalid already dats why she applied for AOS for status change but she left.

gudluck!

[motu 5]

I think she should have asked this question before she left. Most K1s already know this and if they anticipate returning to their country shortly after they arrive here, they get an Advance Parole. If you go to the USCIS site, they allow mailing of the Advance Parole to overseas address - check it out to see if she can apply from there or not - my understanding of the process is limited, so I am not sure if she can or not. If not, then do the K3 - USCIS loves you for giving them more money - keep it coming - they are singing :LOL Good Luck

[danzi 0]

I was hoping that since the adjustment was filed she might be able to get some sort of post travel document.

[kofuku 0]

Your wife came to the US on a K-1(fiance) visa. She is no longer your fiance, but now your wife. She cannot re-enter the US without AP. You will need to apply for the I-130 and K-3 as a married couple for her to return to the US. This is a lenght process and she will certainly miss her appointment.

Christine .

On Edit: With the I-130 she can get her GC. With the K-3, she will have to do AOS again.

Edited July 30, 2006 by kofuku

[Kez/JWolf 6]

I was hoping that since the adjustment was filed she might be able to get some sort of post travel document.

She can its called Advanced Parole and she should have applied for it before she left the States.... the only way she can now enter is to File I-130 and K3.....

Sorry this has happened to..... did she have to go home to deal with an emergency...

Kezzie

[sjoefl01 1]

I read again through the USCIS site and I didn't see any kind of loophole. We really don't have much information from you to work with here.

I guess you could consult a lawyer but I don't think you can get much out of that if your wife simply chose to leave the country and then beg forgiveness to come back. These guys ( USCIS )really have no sympathy. They are sticklers for rules.