Prior K1 with same person, married - probably tricky question

[fl140 0]

Hello!

I came to the US on a K1 Visa, married my lovely wife and filed for AOS lately.

My Advance parole (travel authorization) is still in initial review, but I need to go back to Germany to assist a family member that is going through hard times (doesn't warrant an expedited Advance Parole.)

I am aware that if I leave the US now for a couple of months before I have my AP in hand I might be denied entry and that my AOS will be cancelled as soon as I leave the country.

Now to my question. If I would leave the country and me and my wife would file for Visa (CR-1 I suppose,) and she would come visit me in Germany etc.

do we have to anticipate problems in getting the CR-2 approved?

Thank you.

[Harpa Timsah 13,260]

Probably no troubles getting a CR-1 approved. Can't you just wait a few more months for the AP? When did you file?

[fl140 0]

I applied a bit less than a month ago.

I would wait, but sadly this family member needs more or less instantly. I called USCIS to ask if expediting is an option, sadly I don't really meet the criteria (also proving the need is difficult).

Thank you for your answer.

[Harpa Timsah 13,260]

All right, best of luck to you.

[fl140 0]

Quick follow up question, would this be an option:

I leave the US, my wife files a "stand-alone" I-130 for consular processing?

[Harpa Timsah 13,260]

Yep, that is the route for a spousal visa. It starts with I-130 petition. That was the option I thought we were discussing the whole time

[fl140 0]

Oh okay, sorry.

Just talked to a lawyer. He meant that leaving the country without AP doesn't trigger the abandonment. It is the return.

He further said for this reason he knows of many cases of the AP being delivered while the person being abroad. Got the AP via Fedex and entered the US without any major problems (only two cases that the person entered "on parole" and had to do the 485 from scratch.)

Ever heard of it?

[Harpa Timsah 13,260]

Lawyer is wrong. It's clearly written out in the laws and even in the instructions of the form that leaving before approved AP cancels the I-485.

I can think of one case where someone left before, got the AP approved and mailed to them, came back, and then was denied at the interview because the I-485 was actually dead.

And I can think of another where a person left but then got their GC approved, and tried to get it to come back, but after many calls for advice they got a letter from USCIS that their GC was issued in error because the I-485 had been abandoned and their GC was revoked.

So, I have only seen the laws acting as they are written. Leaving the US before approval of AP abandons the I-485 (unless on a dual intent visa).

I think your lawyer is taking you for a ride.