Left US without AP haven't filed AOS is there hope

[dwheels76 5,463]

Asking this question for a friend.

Filed an I-129F. Husband arrived on a K1 and they were married. He was here for about 6 months then he had to leave to go back home for a family emergency. Unfortunately we were in the process of preparing our AOS before he left. We were not aware that he could not leave without AP.

Is filing a I-130 his only way back in US? Or with probable cause (family emergency) can they explain and maybe he will get waived and be allowed in and they file AOS?

[aaron2020 11,651]

Hi,

Unfortunately, you will have to file an I-130 and wait for an immigration visa. This could take a year.

Family emergency, "probable cause", etc. will do you no good. There is no waiver. There is only the I-130 and a year wait for an immigration visa at this point.

Sorry.

[dwheels76 5,463]

Hi,

Unfortunately, you will have to file an I-130 and wait for an immigration visa. This could take a year.

Family emergency, "probable cause", etc. will do you no good. There is no waiver. There is only the I-130 and a year wait for an immigration visa at this point.

Sorry.

I had to throw some Perry Mason up in there. Kind of figured there was no hope. I did mention to them to have a copy of their NOA2 of their I-129F and his K1 Visa from passport and a coverletter what happened. Just to let them know. Couldn't hurt.

[Pinkrlion 2,609]

Tell her do not file AOS. They will have to start over with I-130 because they got married, the K-1 cannot be reissued. They will need to explain what happened why he left in the interview.

[aaron2020 11,651]

I had to throw some Perry Mason up in there. Kind of figured there was no hope. I did mention to them to have a copy of their NOA2 of their I-129F and his K1 Visa from passport and a coverletter what happened. Just to let them know. Couldn't hurt.

Could hurt. The I-129F and NOA2 has nothing to do with the I-130. Those forms could create confusion as to why he needs an immigration visa if he already left for the U.S. on the K-1.

I would keep it simple and concentrate only on fulfilling the I-130 requirements.

[dwheels76 5,463]

Could hurt. The I-129F and NOA2 has nothing to do with the I-130. Those forms could create confusion as to why he needs an immigration visa if he already left for the U.S. on the K-1.

I would keep it simple and concentrate only on fulfilling the I-130 requirements.

True. Last thing you want to do is confuse those folks. Okay advice well taken. Thank you so much.

[Ebunoluwa 6,136]

As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).

Had they filed the I-485 (AOS) even a few days before and then asked for emergency AP it would have been fine but not having filed and after the fact of travel they have to start all over again with a spousal visa.

[Dave&Roza 748]

Asking this question for a friend.

Filed an I-129F. Husband arrived on a K1 and they were married. He was here for about 6 months then he had to leave to go back home for a family emergency. Unfortunately we were in the process of preparing our AOS before he left. We were not aware that he could not leave without AP.

Is filing a I-130 his only way back in US? Or with probable cause (family emergency) can they explain and maybe he will get waived and be allowed in and they file AOS?

Unfortunately on page 6 it says that if you leave the US while your AOS is pending it is considered abandoned. Now it says nothing about leaving the US before filing the AOS. The only option I can see to salvage this situation is to go to the US Embassy and see if they can get some form of travel document. The real issue is being allowed onto an airplane to come to the US. This is a long shot, but I would see if it is possible before having to file the I-130 spousal visa and waiting all over again. If allowed back into the US they would file the I-130 with the I-485.

Another example for people to plan properly and file the AOS with the I-131 and I-765 ASAP after the marriage. This means they need to have the $1070 filing fee fo rthe AOS already saved IMHO. Now these people will have to spend several hundreds of more dollars and be apart for approximately a year due to poor planning.

Good luck to them,

Dave

[aaron2020 11,651]

Unfortunately on page 6 it says that if you leave the US while your AOS is pending it is considered abandoned. Now it says nothing about leaving the US before filing the AOS. The only option I can see to salvage this situation is to go to the US Embassy and see if they can get some form of travel document. The real issue is being allowed onto an airplane to come to the US. This is a long shot, but I would see if it is possible before having to file the I-130 spousal visa and waiting all over again. If allowed back into the US they would file the I-130 with the I-485.

Another example for people to plan properly and file the AOS with the I-131 and I-765 ASAP after the marriage. This means they need to have the $1070 filing fee fo rthe AOS already saved IMHO. Now these people will have to spend several hundreds of more dollars and be apart for approximately a year due to poor planning.

Good luck to them,

Dave

Dave,

There is no "travel document" to come back to the U.S. You are wishfully hoping there is such a thing, but there isn't. You are giving the OP false hope and at worst sending people on a wild goose chase with your wishful hope.

Give people proper advice based on facts. Don't pass off wishful hope as advice to look into.

The only path back now is the I-130 and waiting for a spousal visa.

Edited January 19, 2015 by aaron2020

[Jawaree 717]

Now married only I 130 will work K1 visa is for one

entrance as a fiancé....The consulates I don't think

will break the rules or issue a tourist visa...they have

to start over and could try getting an expedite at NVC

[raven52 233]

I am sure that he had a good reason, he had to leave. It is so unfortunate this happened, after coming through the K-1 "jungle."

Yes, thee I-130 is your only hope I know of, and the sooner you file, then the better.

What country would the man be "stuck" in until a new visa can be obtained?

Good luck on your "new journey."

[msbau764 245]

Your friend made a very dumb decision.

[bestofboston 36]

Look at the bright side, by the time the I-130 is approved, you will have been married for two years (or close to it) and then your husband will receive a 10 year green card versus the 2 year green card. Once the I-130 is approved, wait until the two year marriage mark occurs before coming to the USA and he will get a 10 year green card. This will save you a lot of money.

You need to be married for two years to qualify for a 10 year green card

Edited January 19, 2015 by bestofboston

[ehklei19 18]

When you file for I-130 you can also file another I-129f for the K-3 visa. You might get the K-3 before the IR/CR arrives.

[Ebunoluwa 6,136]

When you file for I-130 you can also file another I-129f for the K-3 visa. You might get the K-3 before the IR/CR arrives.

The K3 is obsolete, the I-129 gets administratively closed and the path will continue with the CR/IR route.