Spouse left country on emergency without advane parole

[Harsh_77 716]

Can't he use the VWP to return and do a CR1 here ???

If The POE let's him in of course. But if he has proof why he left they may do it .

That would be a visa fraud.... VWP is not for one to enter and file for CR1.

[ariesgirl1970 0]

Honestly, thank you all for your help. I feel alittle bit better just having some direction. I understand its a mess and going to be time and money...but at the end of the day, I just want my husband back home.

[Harsh_77 716]

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?

for CR1 you do not have to do AOS.... when he enters back on CR1 he will enter with status already adjusted.

[Casprd 167]

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.

There are always options and nothing is lost by scheduling an infopass (which is one option). The worst that can happen is USCIS says you can only opt for a CR-1 now. Given what the USCIS told them before there is nothing to loose and potentially a lot to gain by going the infopass route.

[ryna 132]

He was out of status (and accumulating overstay) between the I-94 expiration date (March 1) and the day he left the U.S. This means he would have less than 180 days and won't be subject to any overstay ban on the CR-1 visa. But, yes, CR-1 is your only option at this point.

And, VWP is out of the question (even for a visit) because of this overstay (even 1 day voids VWP eligibility)

Edited June 22, 2011 by ryna

[Deputy Purple 1,294]

There are always options and nothing is lost by scheduling an infopass (which is one option). The worst that can happen is USCIS says you can only opt for a CR-1 now. Given what the USCIS told them before there is nothing to loose and potentially a lot to gain by going the infopass route.

Really?

Nothing to Lose? How about wasted time. Get an info-pass appointment and wait another week before filing the I-130 because time is not of the essence, right?

What can they possibly gain?

* They never had a pending AOS as the Check was cancelled BEFORE USCIS could even deposit it.

* He overstayed his I-94 so even if he had received AP it would've been useless.

* There is currently no pending anything with USCIS for him so what would an Info-Pass appointment possibly be able to do for them?

* He also can't use the VWP since he overstayed.

They have one legit option and that's rather straight forward. This isn't one of those cases where all options have been exhausted so it's time to throw a last second "Hail-Mary" pass into the end zone in hopes that a receiver will get there in time to catch it.

[Boiler 43,430]

CR1

If he wants to visit whilst this is going on he will need a B2 Visa.

[Brother Hesekiel 2,235]

There is so much information here, let me get this straightened out.

If you have a fiance in a foreign country, you file an I-129 for him, he gets here, you get married, file for AOS, and then he gets his Green Card.

Now you guys are married, meaning he's no fiance anymore.

He can't come here anymore with the VWP, as he overstayed and thus would need a B2 at the least. He will not be able to get a B2 though, because he overstayed and has immigration intent. It's really super simple!

Now you file an I-130 with USCIS. It costs $420. That petition will be approved and then forwarded to the National Visa Center (NVC). NVC will contact you and ask for the Affidavit of Support, the I-864. Once that's taken care of the package is being send to the US Consulate in London. They will contact your husband and he will apply for a CR-1 visa, which is an immigrant visa. He'll have to submit paperwork, such as his birth certificate, the marriage certificate, a police clearance, and a medical. Then there will be an interview. Once approved he will enter the US as a lawful permanent resident (LPR), which is what a Green Card holder formally is. At the airport they will stamp his passport with an I-551 stamp which will give him all rights and duties of a LPR from day one on. The actual Green Card will arrive in the mail a week or two later.

There is no AOS for this, as his status is already that of a LPR when he enters the US. Basically, this is cheaper and more elegant than the K-1 route + AOS that you originally had in mind.

Since your husband seems to make life-changing decisions in the spur of the moment, make sure you read the CR-1/IR-1 Guides carefully and ask questions, if applicable.

Edited June 22, 2011 by Just Bob

[ariesgirl1970 0]

There is so much information here, let me get this straightened out.

If you have a fiance in a foreign country, you file an I-129 for him, he gets here, you get married, file for AOS, and then he gets his Green Card.

Now you guys are married, meaning he's no fiance anymore.

He can't come here anymore with the VWP, as he overstayed and thus would need a B2 at the least. He will not be able to get a B2 though, because he overstayed and has immigration intent. It's really super simple!

Now you file an I-130 with USCIS. It costs $420. That petition will be approved and then forwarded to the National Visa Center (NVC). NVC will contact you and ask for the Affidavit of Support, the I-864. Once that's taken care of the package is being send to the US Consulate in London. They will contact your husband and he will apply for a CR-1 visa, which is an immigrant visa. He'll have to submit paperwork, such as his birth certificate, the marriage certificate, a police clearance, and a medical. Then there will be an interview. Once approved he will enter the US as a lawful permanent resident (LPR), which is what a Green Card holder formally is. At the airport they will stamp his passport with an I-551 stamp which will give him all rights and duties of a LPR from day one on. The actual Green Card will arrive in the mail a week or two later.

Thanks Bob, pretty clear cut

....

There is no AOS for this, as his status is already that of a LPR when he enters the US. Basically, this is cheaper and more elegant than the K-1 route + AOS that you originally had in mind.

Since your husband seems to make life-changing decisions in the spur of the moment, make sure you read the CR-1/IR-1 Guides carefully and ask questions, if applicable.

[jkminney 30]

CR1

If he wants to visit whilst this is going on he will need a B2 Visa.

You can still enter the US while a CR1 is pending and even after a K1 has been issued as long as he only plans to visit and not stay...whoops just realized he overstayed NEVERMIND lol

Edited June 23, 2011 by jkminney

[Ironman140 45]

Just a side note. You already have most of the paper work from the K1 process. But it will likely be expired before the CR 1 is done. So plan on getting new police cert, medical or anything that can expire. Don't need RFE delay

[Casprd 167]

Really?

Nothing to Lose? How about wasted time. Get an info-pass appointment and wait another week before filing the I-130 because time is not of the essence, right?

What can they possibly gain?

* They never had a pending AOS as the Check was cancelled BEFORE USCIS could even deposit it.

* He overstayed his I-94 so even if he had received AP it would've been useless.

* There is currently no pending anything with USCIS for him so what would an Info-Pass appointment possibly be able to do for them?

* He also can't use the VWP since he overstayed.

They have one legit option and that's rather straight forward. This isn't one of those cases where all options have been exhausted so it's time to throw a last second "Hail-Mary" pass into the end zone in hopes that a receiver will get there in time to catch it.

Who says they have to wait until the infopass appointment. There is no legitimate reason they can't file the I-130 while they are waiting for the infopass, not to mention unless they just happen to have all the information and evidence organized and ready to go, it will take some time to gather this. Their actions were based on what USCIS told them to do. Granted USCIS is often wrong, but that doesn't obviate the fact that they can do this and nothing is lost and it establishes a history of why this happened so when the question comes up during the next steps it is already on record.

[Deputy Purple 1,294]

Who says they have to wait until the infopass appointment. There is no legitimate reason they can't file the I-130 while they are waiting for the infopass, not to mention unless they just happen to have all the information and evidence organized and ready to go, it will take some time to gather this. Their actions were based on what USCIS told them to do. Granted USCIS is often wrong, but that doesn't obviate the fact that they can do this and nothing is lost and it establishes a history of why this happened so when the question comes up during the next steps it is already on record.

Since they had assembled the Adjustment of Status Package they will just need to get a few documents updated prior to the new interview but they should have everything for the I-130 already in hand.

Leaving the country for a family emergency seems to be more common than most people realize as I've seen several threads where this happened so I doubt there is any need to "establish a history of what happened" since there was nothing out of the ordinary here.

They want to hasten their reunion, that is the focus and that's where they should concentrate their efforts. Once the I-130 id filed little side trips like an infopass appointment are fine but the first priority should be getting that I-130 to USCIS.

[ryna 132]

Since they had assembled the Adjustment of Status Package they will just need to get a few documents updated prior to the new interview but they should have everything for the I-130 already in hand.

Leaving the country for a family emergency seems to be more common than most people realize as I've seen several threads where this happened so I doubt there is any need to "establish a history of what happened" since there was nothing out of the ordinary here.

They want to hasten their reunion, that is the focus and that's where they should concentrate their efforts. Once the I-130 id filed little side trips like an infopass appointment are fine but the first priority should be getting that I-130 to USCIS.

"Leaving the country for a family emergency seems to be more common than most people realize as I've seen several threads where this happened..."

I know it doesn't apply in this case, but this is why I always suggest to people that they should file for AP along with AOS even though they are "110% sure" that they have no pre-GC travel plans. Life happens...

Edited June 23, 2011 by ryna

[Deputy Purple 1,294]

"Leaving the country for a family emergency seems to be more common than most people realize as I've seen several threads where this happened..."

I know it doesn't apply in this case, but this is why I always suggest to people that they should file for AP along with AOS even though they are "110% sure" that they have no pre-GC travel plans. Life happens...

And file for Adjustment of Status (AOS) as soon as humanly possible like before entering into overstay...