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AOS Filed - Wife left country

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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!

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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.


KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received


KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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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.


07-13-06 - K1/K2 AOS/EAD sent

11-04-06 - 2 NOA's transfer to CSC

11-17-06 - "K1 APPROVED AOS" no interview

11-27-06 - "K1 - GREENCARD" rcvd.

01-23-07 - K2 GREENCARD rcvd.

08-20-08 - I-751 sent to Texas Service Center, transfer to VSC

08-26-08 - I-751 NOA1 & 1yr. Extension letter

09-18-08 - I-751 NOA2 - Biometrics Appointment Notice

03-11-09 - I-751 transfer from VSC to CSC!

05-13-09 - I-751 APPROVED

06-24-09 - card production ordered

08-20-09 - N400 - Citizenship Application

08-24-09 - NOA notice date

08-28-09 - NOA in mailbox

09-10-09 - email asking for more evidence

09-14-09 - Biometrics NOA date

09-18-09 - Biometrics Letter arrived in mailbox

10-09-09 - Biometrics Schedule

10-14-09 - Notice date of the yellow letter

10-30-09 - touched online for "testing & interview"

11-03-09 - IL received in mailbox

12-07-09 - "PASSED" Interview & it's my Hubby Bday too!

04-17-10 - Oath letter received in mailbox

05-14-10 - Judicial Oath atlast! in Atl

110 days - Application to Interview

158 days - Interview to Judicial Oath

268 days - Total processing days for my N400

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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



March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!


Oct 19 Mailed AOS Packet to Chicago


Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received


Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered



Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

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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 :luv: .

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

Edited by kofuku



6/30/07 - Mailed I-751 via Priority Mail with Delivery notification

7/02/07 - Delivered to USCIS in Laguna Niguel,CA

7/07/07 - CSC returns I-751 packet because we used an older I-751 version. Mailed I-751 with latest(02/07) version via Priority Mail with delivery notification

7/09/07 - Deliverd to USCIS

7/10/07 - NOA date

7/12/07 - USCIS cashes check

7/21/07 - NOA received(GC extended for one year)

7/24/07 - Biometrics notice received

8/10/07 - Biometrics appointment in W. LA

8/28/07 - Card production ordered

8/29/07 - Approval notice received online

8/30/07 - Approval notice recieved in mail

9/04/07 - 10 yr GC received in mail

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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...


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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.

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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