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Filed: K-1 Visa Country: Vietnam
Timeline

My wife left US for family medical emergency while AOS is pending what can I do is there any form i can apply for a waver to avoid start the paper works all over again since we are already married in the US I believe i can't file I-129F again do I file I-130? Please Help

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Filed: Country: China
Timeline

My wife left US for family medical emergency while AOS is pending what can I do is there any form i can apply for a waver to avoid start the paper works all over again since we are already married in the US I believe i can't file I-129F again do I file I-130? Please Help

if she left prior to the issuance of an advance parole document or green card you are SOL. there is no waiver. you will need to CR1.


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My wife left US for family medical emergency while AOS is pending what can I do is there any form i can apply for a waver to avoid start the paper works all over again since we are already married in the US I believe i can't file I-129F again do I file I-130? Please Help

Ouch - leaving the US without permission (in the form of the AP) means she abandoned the AOS.

You would have to do a different visa now to bring her back.

Your right, you can't do the K-1 again (your married) - check the guides above for the CR-1.

You might want to contact USCIS via INFOPASS - they make make some sort of exception (family emergency) - but unknown if that would work.


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: Other Timeline

It's only a medical emergency if your wife is the country's most gifted heart or brain surgeon and head to perform the surgery on the family member herself.

If that's not the case with your wife, it was first and foremost a choice, one that carries immigration-related consequences.

I was confronted with such a choice myself, twice. Both my parents died while I was here in the US. I could have left, of course, but I CHOSE my immigration over saying goodbuye to the two people I love most. Life is all about choices. Always. Anytime. Hence, in your wife's case the choice she made will require her to start the immigration process over from the beginning. On a positive note, she will have more time to spend with her family in Taiwan, so there's light where there is shadow. Luckily, it's never all bad.

Best of luck to both of you.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: AOS (apr) Country: Canada
Timeline

I was confronted with such a choice myself, twice. Both my parents died while I was here in the US. I could have left, of course, but I CHOSE my immigration over saying goodbuye to the two people I love most. Life is all about choices.

Wow. Thanks for sharing such a personal (and not so personal in a sense that, after all, it is an immigration matter) experience. :thumbs:

And you're right. Life is all about choices.


Yes! I am approved!!! :)

It took only two (2) months to be approved. Hooray!

Timeline

December 5, 2009 - I-485 application was submitted.

January 12, 2010 - I-485 application was re-submitted due to address error.

January 20, 2010 - I-485 application receipt notice arrived.

January 25, 2010 - Biometrics notice arrived.

February 9, 2010 - Biometrics taken at local USCIS office.

March 5, 2010 - Initial Interview notice arrived.

April 15, 2010 - Employment Authorization Card arrived out of blue.

April 29, 2010 - Initial Interview scheduled and... APPROVED!!! :) Conditional GC will arrive in 2-3 weeks.

April 30, 2010 - SSN reactivated. Newly printed card will arrive in 3-5 days.

May 7, 2010 - Welcome Notice arrived! Hooray! :)

May 8, 2010 - Freshly printed SSN card arrived.

May 26, 2010 - Conditional GC issued.

June 1, 2010 - Conditional GC ARRIVED! Yippee! :)

June 2, 2010 - SSN upgraded. Newly printed card will arrive in a week.

June 9, 2010 - Freshly printed SSN arrived.

October 10, 2011 - I-751 petition was submitted.

October 18, 2011 - I-751 petition was returned. It turned out to be USCIS's error sending it back to me.

October 19, 2011 - I-751 petition was re-submitted.

October 26, 2011 - I-751 petition receipt notice arrived.

November 18, 2011 - Biometrics taken at local USCIS office.

December 27, 2011 - I-751 petition Approval letter was issued.

December 28, 2011 - I-751 petition Approval letter arrived

December 29, 2011 - GC was issued.

December 30, 2011 - GC arrived.

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The above advice is what is typically given and may even be the most likely outcome.

However, I wouldn't necessarily say that it is impossible for your wife to return. Check out this thread:

http://www.visajourn...vingthink-again

If you read all the way to the end, you'll find that despite not having AP when they left, this K-1 holder with AOS in process was able to re-enter the US after leaving for Canada for a family emergency.

It is at least worth gathering evidence of the family emergency and going to an infopass to see if they will issue an AP. The documents can even be sent to the embassy for her to pick up while out of the country.

Also, I see from your timeline that the AOS has been transferred to CSC. Maybe her Green Card will be issued without any other fuss, and then she could try to come back in on that.

Naturally, this all depends on many other factors - including overstay. Good luck, and I hope you two are reunited soon!

Edited by Nik+Heather

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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