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Left the Country while Advance Parole and AOS were still pending

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Filed: AOS (pnd) Country: Germany
Timeline

My GF came to the US on an ESTA Visa. I proposed and we got married a week later. we filed for AOS and for AP on 12/20/13 she went to the bio-metrics appointment.

we were waiting for the advance parole to come through in time for our trip. it was a week before and she tried to apply for emergency AP which was denied. we were aware that leaving the country for our trip would cause her AOS to be abandoned. We came back yesterday 2/14/14, after a long detention by CBP she was let out with an appointment at USCIS in los angeles for 2/26/14. one thing the officer said was to not show up to the interview "empty handed". we're not sure what that means.

i was hoping that someone here might know what our next step should be. I know it was very risky leaving the country during this time and that she could have been denied entry. but by the grace of god she wasn't and now we have 11 days to figure out how to deal with our upcoming USCIS appointment. if anyone has any ideas or experience with this sort of things please let me know

thank for your time

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What is this "appointment"? Your AoS interview? If so, the AoS will be denied due to abandonment of the application when you left without AP.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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I'm not sure what to suggest. If USCIS somehow don't know about her leaving and it's not brought up, then it will probably come up later down the line and she would be deported. Not good if you're planning on having kids or need two incomes to survive.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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My GF came to the US on an ESTA Visa. I proposed and we got married a week later. we filed for AOS and for AP on 12/20/13 she went to the bio-metrics appointment.

we were waiting for the advance parole to come through in time for our trip. it was a week before and she tried to apply for emergency AP which was denied. we were aware that leaving the country for our trip would cause her AOS to be abandoned. We came back yesterday 2/14/14, after a long detention by CBP she was let out with an appointment at USCIS in los angeles for 2/26/14. one thing the officer said was to not show up to the interview "empty handed". we're not sure what that means.

i was hoping that someone here might know what our next step should be. I know it was very risky leaving the country during this time and that she could have been denied entry. but by the grace of god she wasn't and now we have 11 days to figure out how to deal with our upcoming USCIS appointment. if anyone has any ideas or experience with this sort of things please let me know

thank for your time

My guess is that the CBP person is giving you the benefit of the doubt and that the reason you left without AP was due to some emergency and not just for a vacation. So by saying, "Do not show up empty handed" in my mind means to prove that you had a real emergency and they will let you slide. If that is not the case then the AOS will be denied and you will have to file for a spousal visa and go thru the entire process while she goes back to her home country (or at least outside the US). I am sure there will be some annotation that she cannot AOS in the US and will be required to leave before she overstays her current legal status.

All you had to do was postpone your trip until she had AP and she could remain in the US. Now you are going to have to file for the spousal visa and be apart while you go thru the process. You made your choice knowing it was risky, you got caught and now must live with the consequences of your actions.

Good luck,

Dave

Edited by Dave&Roza
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I would go to the interview with proof of the emergency nature of the travel, but also with another I-485 filled out since theoretically your initial one was abandoned.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Local offices do not accept I-485s for filing; family-based AoS cases must be filed with the Chicago Lockbox.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: AOS (pnd) Country: Germany
Timeline

We went to Korea to participate in a mass wedding. where us and 2499 other couples were married in accordance to our religious beliefs. The appointment set up is an "order to appear deferred inspection".

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Filed: AOS (apr) Country: Australia
Timeline

All you can do is be honest and bring as much supporting evidence to support your case as possible. I sure hope this wasn't just a honeymoon and there was a real emergency need to travel but that doesn't sound like the case if your request to expedite the AP was denied.

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Filed: Citizen (apr) Country: Iran
Timeline

Was your AP issued after you left the country? It sounds like CBP was giving you the benefit of the doubt and thinking maybe you just forgot or lost your AP document. I don't really know what can happen as you are entitled to enter on the VWP but since you had AOS pending you should have had the AP document.

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Local offices do not accept I-485s for filing; family-based AoS cases must be filed with the Chicago Lockbox.

That is a good point!

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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We went to Korea to participate in a mass wedding. where us and 2499 other couples were married in accordance to our religious beliefs. The appointment set up is an "order to appear deferred inspection".

That doesn't sound good; it doesn't seem like an emergency. Did they not give you a document explaining exactly what you were supposed to bring with you? At a guess, I'd figure that they want your spouse to bring their AP, hopefully it was issued before you left the country.

http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: Citizen (apr) Country: Italy
Timeline

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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