Spouse left country on emergency without advane parole

[Casprd 167]

K-1 is a one-time use visa, and now that you are married, you will need a spousal visa. You might try to get your CR-1 expedited based on USCIS error - they told you you could leave and come back, which isn't the case. Best of luck to you.

Based on the OP, there was no USCIS error. Unless I'm missing something there was no mention of USCIS saying he could leave and come back before he left, They said to refile the AOS and when he gets AP then he can come back. This is all after the fact of his leaving. You can try as USCIS says, but I would also look at the option of filing the I-130 at the same time. That way if the AOS/AP option doesn't work (which I think it won't for the reasons you list), then the CR-1 won't be delayed several more months.

[Used to be broken 143]

First, if he's already in the US then there is no "CR-1" as CR-1 is a Visa used for entry, it would be another AOS application. I wouldn't recommend this though as he has clear immigrant intent.

If he's asked about intending to stay and he says no at POE they'll probably set him up for Misrepresentation. If he says yes they won't admit him to the US.

The LEGAL route is file an I-130 NOW and go through the CR-1 Consular processing in the UK.

FWIW, recommending he use VWP to enter and adjust violates VJ's TOS.

No one is suggesting entering on VWP and trying to AOS here, what some are saying is given the circumstances of him being out of the country and the additional waiting time, that he enter on VWP, file the CR1 and kill some time in the US while that process plays out then return to the UK to interview, similar to what some folks do on K visa's .

Not sure if that will work because the Passport now has a K VISA stamp in it and that is going to be something CBP will notice and inquire about.

This whole post by OP is dubious in light of the previous post, none of it is consistent or makes sense.

"He cancelled the check from the AOS to help pay for his flight and flew home before the AP was processed. Now we are stymied on how we can fix the situation to get him back home."

"We were going to refile the AOS, but he recieved word from the UK his grandmother who raised him is in the end stages of Alzheimers keeps asking for him (he is the only person she remembers"

[ATPEACE 43]

No one is suggesting entering on VWP and trying to AOS here, what some are saying is given the circumstances of him being out of the country and the additional waiting time, that he enter on VWP, file the CR1 and kill some time in the US while that process plays out then return to the UK to interview, similar to what some folks do on K visa's .

Not sure if that will work because the Passport now has a K VISA stamp in it and that is going to be something CBP will notice and inquire about.

This whole post by OP is dubious in light of the previous post, none of it is consistent or makes sense.

"He cancelled the check from the AOS to help pay for his flight and flew home before the AP was processed. Now we are stymied on how we can fix the situation to get him back home."

"We were going to refile the AOS, but he recieved word from the UK his grandmother who raised him is in the end stages of Alzheimers keeps asking for him (he is the only person she remembers"

[belinda63 2,981]

It appears he arrived on the K-1, got married, filed AOS, received news of his grandmother, stopped payment on the check, and left the US. CR-1 is the only option now.

[ariesgirl1970 0]

I think our option is at this point from what I am gathering here, go the CR-1 route as soon as possible, then refile the AOS once he gets here. I dont want to waste anymore time and money filing for the wrong form. This is so confusing, and I also admit, immigration hasnt helped me out by giving answers on what are our options. If we have to file a CR-1 and that also permits him EAD...when filing the AOS, would the $1010.00 go down in price since he will already reieve the EAD from the CR-1?

[ariesgirl1970 0]

I have no idea what this post is about...to many copy and pastes, sorry

RE: last post from ATPEACE

Edited June 22, 2011 by ariesgirl1970

[Deputy Purple 1,294]

I think our option is at this point from what I am gathering here, go the CR-1 route as soon as possible, then refile the AOS once he gets here. I dont want to waste anymore time and money filing for the wrong form. This is so confusing, and I also admit, immigration hasnt helped me out by giving answers on what are our options. If we have to file a CR-1 and that also permits him EAD...when filing the AOS, would the $1010.00 go down in price since he will already reieve the EAD from the CR-1?

There is NO AOS or EAD for CR-1 Visa entry.

Greencard will be issued after POE and he will be able to work & such immediately as they'll place an I-551 Stamp on his CR-1 Visa page in the passport which will serve as his temporary Greencard until the actual card arrives in the mail within 30 days of POE.

[Used to be broken 143]

I think our option is at this point from what I am gathering here, go the CR-1 route as soon as possible, then refile the AOS once he gets here. I dont want to waste anymore time and money filing for the wrong form. This is so confusing, and I also admit, immigration hasnt helped me out by giving answers on what are our options. If we have to file a CR-1 and that also permits him EAD...when filing the AOS, would the $1010.00 go down in price since he will already reieve the EAD from the CR-1?

The process is different than K process, no AOS just Removal of conditions after 2 years. I do not believe there is a fee involved for that but not sure

[A + M 29]

He should have gone to local office and have them stamp passport for re-entry. They will do it with family emergencies. They just want you to ask permission first.

Yes!

OP, schedule an Infopass at the local Uscis office and see what options you have.

Good luck!

Edited June 22, 2011 by A + M

[Deputy Purple 1,294]

Yes!

OP, schedule an Infopass at the local Uscis office and see what options you have.

Good luck!

NO!!!!!!

They have no options through the Local USCIS Office for 2 reasons:

1) They had no pending AOS Application (I had just been sent and the check wasn't even cashed not to mention they stopped payment on the check) therefore he couldn't even have received AP before leaving.

2) He's out of the country with no Status in the US.

[ariesgirl1970 0]

NO!!!!!!

They have no options through the Local USCIS Office for 2 reasons:

1) They had no pending AOS Application (I had just been sent and the check wasn't even cashed not to mention they stopped payment on the check) therefore he couldn't even have received AP before leaving.

2) He's out of the country with no Status in the US.

So CR-1??? just trying to keep up...

[ceadsearc 515]

As others have said, it appears your only option is a CR-1. Was your husband out of status at all while in the US?

[Deputy Purple 1,294]

So CR-1??? just trying to keep up...

YES...

[ariesgirl1970 0]

As others have said, it appears your only option is a CR-1. Was your husband out of status at all while in the US?

We married Feb 14th, we had until March 1st to get married, we filed AOS May 4th, cancelled check May 16th, USCIS returned packet due to the money not available to cash, Dated May 18th...The actual K1 expired May 25th.

[Barbara J 115]

We married Feb 14th, we had until March 1st to get married, we filed AOS May 4th, cancelled check May 16th, USCIS returned packet due to the money not available to cash, Dated May 18th...The actual K1 expired May 25th.

The K1 did not expire it on that date it expired the day he arrived in the US. It is the I-94 that has the expiry date on it so I would say that has expired now too . SO as everyone has said file CR1 now and no AOS when he arrives he gets stamp in passport till his GC arrives hard copy in the mail. He can work right away too. Good luck.