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Immigration Troubles for leaving US

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Two months after Brett Knobloch married in 2008, his wife returned to her native Brazil to visit her mother, who was being treated for cancer.

But she did not get permission for the trip from the federal government, creating an immigration mess barring Anne Knobloch from returning and keeping the couple apart for all but four months of their two-year marriage.

Immigration experts say the Knoblochs are not alone, because even though travel restrictions are posted on the U.S. Citizenship and Immigration Services website, not everyone sees the reference to "advance parole" - permission to travel - or understands what it is.

"Immigration is a minefield," said Hempstead immigration attorney Howard Brill. "And it's definitely more complicated, with more steps to be followed since 9/11."

Brill said more than 60 clients have sought help after leaving the country during the green card process without getting approval. "It certainly is a difficult road" to undo the damage, he said.

Brett Knobloch has learned that. After voluminous paperwork and spending $30,000 on airfare to Brazil, documents, fees and phone bills, the Seaford resident, 28, is only halfway to obtaining permanent resident status for his wife.

Even with the state's two senators and Rep. Peter King (R-Seaford) interceding, the Coast Guard petty officer second class has been told it could take at least 18 months.

"We talk every day, but it gets very hard keeping a relationship going just talking on the phone," Knobloch said. "It is extremely frustrating."

The couple's anguish intensified last week, when Anne Knobloch lost their first child a week before their due date.

Anne Knobloch, 25, applied for a green card after she arrived in Florida on a tourist visa in 2002, following her marriage to another American in Brazil. The couple split in 2004, and she began dating Knobloch.

She and Knobloch married in 2008 and she submitted a revised application. Immigration officials had approved her first application, but the State Department was still reviewing the case.

The couple moved to New York in early 2008 when Knobloch was transferred from Fort Lauderdale to Fire Island. Two months later, Anne Knobloch flew to Brazil.

"She hadn't been home in seven years, and her mother was going through chemotherapy for liver cancer," Knobloch said.

The Massapequa native said immigration and State Department officials told him his wife could remain in the country while her application was pending. But he never asked whether she could leave, and no one warned him that she couldn't without prior approval.

After her visit, "she got on a plane and got to JFK airport and they stopped her. I felt helpless," he said.

The Knoblochs were told Anne could re-enter the United States only when she had a green card.

They began filing more forms. "You have to hand-deliver everything to the consulate in Rio," more than 1,000 miles from where his wife is living, Knobloch said. Despite making appointments before several trips to the consulate, they were told when they arrived that no one could accept their documents.

A State Department spokeswoman said the consulate in Rio de Janeiro accepts documents by mail.

Sens. Charles Schumer and Kirsten Gillibrand and King are trying to speed up the case and persuade the State Department to transfer it from Rio to Recife, near Anne Knobloch's family home.

"Certain requirements must be met for an immigrant visa to be issued. The National Visa Center and our consulate in Rio de Janeiro have expedited the handling of this particular case" as much as possible, the State Department said.


01/2006 - Filed k1(1st time)

04/2006 - Interview (1st time) denied

Waited, waited...... no review

06/2009 - Filed k1 (2nd time)

09/2009 - NOA 2 approved

12/2009 - Interview (2nd time) APPROVED! VISA ISSUED

02/2010 - Arrived USA

04/2010 - Married

AOS Timeline

4/19/2010-Sent to Chicago Lockbox

4/26/2010-Received texts and emails 7th day

4/30/2010-Received NOA's(Hardcopies) 11th day

5/3/2010-Received ASC appointment notice(mailed 4/29/2010)14th day

5/7/2010-Walk-in Biometrics done(2 weeks earlier)18th day

5/13/2010-Case transferred to CSC

6/2/2010- Case received/resumed at CSC

6/18,6/22,6/23 AOS touches

6/28/2010- EAD production and touch on AP

6/29/2010-AOS APPROVED

7/2/2010- 2nd update on EAD production and touched on AP....

7/6/2010- Received "Welcome Letter" and AP document

7/12/2010-Received GREEN CARD and EAD

greencard.jpg

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tough...thats why research as much as u can before traveling outside US...


GOD is Good,GOD is Great,GOD is Awesome!

*K1*(process time 7months & 13days)*

12.11.2007 -Filed I-129F

07.24.2008 -VISA interview. APPROVED!!!

*AOS*(process time 7months & 5days)*

11.26.2008 -Filed AOS,EAD,AP

02.09.2009- AP Received

03.20.2009-EAD Received

07.09.2009-2Year Green Card Received

*ROC*(process time 3months & 18days)*

04.04.2011-Filed ROC(I-751)

07.28.2011-10 Year GC Received

*NATURALIZATION*(process time 4months & 27days)*

04/02/2014- Filed N-400

07/08/14-Interview (Recommended for Approval)

08/29/2014-Oath Ceremony

as1cCDkFg000010OXNsenwxNjA0emx8V2UgaGF2Z

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:wow: I'm so thankful I found VJ and did my own research. My heart just aches for this couple. I hope they can be reunited soon!

Removal of Conditions Journey

03/30/2012-I-751 sent to Vermont Service Center (USPS Priority Mail w/delivery confirmation)

04/02/2012-Packaged arrived at Vermont Service Center-Signed by D. Renaud

04/05/2012- check cashed

04/07/2012- Recvd NOA in mail dated 04/03/2012

05/14/12-Biometrics Appointment- Completed

12/31/12-Production of card ordered text/email

mjnrabxt.png

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When you're a foreigner, you need to make sure you research the laws of the land you're now subject to and follow the requirements that govern your status.

This couple, I bet, is not the first, nor will they be the last, to find themselves in this undesirable position.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Speaking of AP..once filed after marriage..how long does it generally take to get approved? Thanks!


Service Center :Vermont Service Center

Consulate : Norway

I-129F Sent: June 3, 2010

I-129F NOA1: June 14, 2010

Touched: June 17, 2010

I-129F NOA2: July 7, 2010

129F to NVC: July 13, 2010

NVC to Oslo: July 15 2010

Package 3 received: Aug 4 2010

Consulate interview: Aug 11, 2010-APPROVED !!

Visa received: Aug 18th

Travel to US: Aug 19th

Marriage: Sept 3rd 2010 !!

AOS/AP/EAD: Sent Sept 20th

NOA 1 (for all 3) Sept 30th

Biometrics appt: Oct 27th 2010

AOS interview: Dec 15th 2010

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Anne Knobloch, 25, applied for a green card after she arrived in Florida on a tourist visa in 2002, following her marriage to another American in Brazil. The couple split in 2004, and she began dating Knobloch.

She and Knobloch married in 2008 and she submitted a revised application. Immigration officials had approved her first application, but the State Department was still reviewing the case.

we wonder about the intent on her entry as a tourist, and how old she was when she married in brazil, if she was 17 when she entered as a tourist.


____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

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Terrible situation to be in to say the least.

But yeah, I wouldn't have dreamed of doing anything immigration related without researching the consequences first.

I've always wondered though. I'm here on F-1. Have a valid I-20, but my original visa expired already..

I didn't apply for AP because I thought it would be useless for me.

I thought that I can only use AP if I also had a valid visa to use for re-entry and the AP is only there so that I don't abandon my AOS.

Is this not true? Could I have applied for AP and used it?

Not that I want to.. just wondering though :unsure:


AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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Terrible situation to be in to say the least.

But yeah, I wouldn't have dreamed of doing anything immigration related without researching the consequences first.

I've always wondered though. I'm here on F-1. Have a valid I-20, but my original visa expired already..

I didn't apply for AP because I thought it would be useless for me.

I thought that I can only use AP if I also had a valid visa to use for re-entry and the AP is only there so that I don't abandon my AOS.

Is this not true? Could I have applied for AP and used it?

Not that I want to.. just wondering though :unsure:

Even if you have are F-1, the moment you submit the I-485, your adjustment is based on your current or last entry status... if you leave the USA you no longer have status because you are not present in the USA as your status terminates the moment you leave US soil.... What AP does is preserves that last entry status so AOS can contiunue.


YMMV

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Even if you have are F-1, the moment you submit the I-485, your adjustment is based on your current or last entry status... if you leave the USA you no longer have status because you are not present in the USA as your status terminates the moment you leave US soil.... What AP does is preserves that last entry status so AOS can contiunue.

But in order to re-enter I would still need a valid F-1 visa, in addition to the AP document, is that correct?

I can't just show AP and no visa and be allowed entry, right?

That was my thinking anyway..


AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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But in order to re-enter I would still need a valid F-1 visa, in addition to the AP document, is that correct?

I can't just show AP and no visa and be allowed entry, right?

That was my thinking anyway..

Think about it from a K-1's perspective.... A K-1 is a single entry visa... once it is used the K-1 is no longer valid (null & void as you cannot do a second entry)... A K-1 entrant with AP can re-enter even thought the K-1 visa has been used... so no you do not need a valid visa. Just an original visa that you were allowed entry on. AP alone will get you back in as long as you had it approved before you left...


YMMV

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Think about it from a K-1's perspective.... A K-1 is a single entry visa... once it is used the K-1 is no longer valid (null & void as you cannot do a second entry)... A K-1 entrant with AP can re-enter even thought the K-1 visa has been used... so no you do not need a valid visa. Just an original visa that you were allowed entry on. AP alone will get you back in as long as you had it approved before you left...

Gotcha. Well that answers the question that's been 'itching' me for a while !

Thanks!


AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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