AOS

[Tinh ve noi dau 0]

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

[justashooter 430]

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.

[Bobby+Umit 161]

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.

[Brother Hesekiel 2,235]

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.

[MacTO 6]

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.

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

[Nik+Heather 121]

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 April 12, 2010 by Nik+Heather