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Filed: Timeline

I'm married to a U.S. Citzen and we have our interview scheduled for 19/06/2015. For personal reasons, I came back to my country on a last minute flight without authorization. I totally know I messed up but please someone answer what k should do now to go back to my husband. Do we have to start it all over again? If so, what the right type of visa would be since we got married in the U.S.? Can I still make it to the interview somehow?

Thank you very much

I'm shocked to see stuff like this. You could have applied for emergency AP at your local USCIS office (assuming it was an emergency). No, there is no way for you to get back for your interview. Your AOS is abandoned and denied. You can't have your cake and eat it too. You have to start all over from scratch. That means applying for a spousal (IR-1/CR-1) visa, 12 or more months of being apart and filing out tons of paperwork.

Edited by YouAndMeForever
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Filed: Timeline

The airlines wont allow you on a flight without the proper docs to enter the US

Did you not discuss this with your husband or call immigration to find out B4

leaving? You will have to start over...the I 130 should be still active.

IF, a big IF you somehow got on a flight, upon arriving you would have probs

you may have to file a paper with DHS/ICE (big maybe) and your husband would

have to be supportive all the way. you could waste a ticket money......all this is just

a supposition!!!

How exactly do you think it's possible for the OP to get on a US-bound flight? Brazil is not even a VWP country. S/he would have to have a visa to even board the plane.

Edited by YouAndMeForever
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Yeah, I mean, on the one hand I feel badly for OP, but on the other, it is an entirely self-inflicted wound....

I'm shocked to see stuff like this. You could have applied for emergency AP at your local USCIS office (assuming it was an emergency). No, there is no way for you to get back for your interview. Your AOS is abandoned and denied. You can't have your cake and eat it too. You have to start all over from scratch. That means applying for a spousal (IR-1/CR-1) visa, 12 or more months of being apart and filing out tons of paperwork.

Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

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Filed: Timeline

Yeah, I mean, on the one hand I feel badly for OP, but on the other, it is an entirely self-inflicted wound....

It is just so surreal to me, I mean how can one be so careless? There is no way in hell I would throw away everything I worked so hard for with my husband. Especially since I'm adjusting from a K1 visa... all the waiting, money, tears, effort for nothing? Even if I didn't know anything about AP, I would at least have common sense and use google to figure things out before making such a big move.

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It is just so surreal to me, I mean how can one be so careless? There is no way in hell I would throw away everything I worked so hard for with my husband. Especially since I'm adjusting from a K1 visa... all the waiting, money, tears, effort for nothing? Even if I didn't know anything about AP, I would at least have common sense and use google to figure things out before making such a big move.

Agreed. My wife and I spent way too much time apart, I can't imagine either of us would ever have done anything to jeopardize being together. My goal was always to get through everything with immigration as quickly as possible to get her here, then to get that passport so we'd never have to deal with any of this çrap again. When she had to go home last summer to look after her dad after he'd had a stroke, she was able to use that blue passport, so I had no worries. (I'd have gone too, but we were in the middle of packing to move cross-country when he fell ill!)

Edited by Jon and Sol

Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

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By the time you have your interview in your country, you have been married for 2 years, so your green card will be unconditional.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Timeline

Agreed. My wife and I spent way too much time apart, I can't imagine either of us would ever have done anything to jeopardize being together. My goal was always to get through everything with immigration as quickly as possible to get her here, then to get that passport so we'd never have to deal with any of this çrap again. When she had to go home last summer to look after her dad after he'd had a stroke, she was able to use that blue passport, so I had no worries. (I'd have gone too, but we were in the middle of packing to move cross-country when he fell ill!)

I wholeheartedly agree with every word. :)

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Filed: Citizen (apr) Country: Tunisia
Timeline

Agreed. My wife and I spent way too much time apart, I can't imagine either of us would ever have done anything to jeopardize being together. My goal was always to get through everything with immigration as quickly as possible to get her here, then to get that passport so we'd never have to deal with any of this çrap again. When she had to go home last summer to look after her dad after he'd had a stroke, she was able to use that blue passport, so I had no worries. (I'd have gone too, but we were in the middle of packing to move cross-country when he fell ill!)

I wholeheartedly agree with every word. :)

Even though that I agree that the applicant wounded herself by getting out of the country without a proper authorization I wouldn't blame her for what she did.

She could have had some reason that all of us don't know and at that specific moment she had to go home. I know for a fact if something happened to my parents and I had to go home and I didn't know I had to get a proper authorization I would have done the same thing. Blaming her for her mistake is not going to help her. suggesting what she has to do will in fact help her.

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Even though that I agree that the applicant wounded herself by getting out of the country without a proper authorization I wouldn't blame her for what she did.

She could have had some reason that all of us don't know and at that specific moment she had to go home. I know for a fact if something happened to my parents and I had to go home and I didn't know I had to get a proper authorization I would have done the same thing. Blaming her for her mistake is not going to help her. suggesting what she has to do will in fact help her.

We've done that. They need to start all over again with a CR-1/IR-1 petition this time. If anyone knows of another legal way that would speed things up for her, please post, because I can't think of anything.

Edited by Jon and Sol

Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

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Filed: Citizen (apr) Country: Tunisia
Timeline

I'm married to a U.S. Citzen and we have our interview scheduled for 19/06/2015. For personal reasons, I came back to my country on a last minute flight without authorization. I totally know I messed up but please someone answer what k should do now to go back to my husband. Do we have to start it all over again? If so, what the right type of visa would be since we got married in the U.S.? Can I still make it to the interview somehow?

Thank you very much

Getting out of the country without parole was a mistake. crying about a mistake is not going to fix it now. unfortunately you will have to start with a new I 130 and the whole process will have to start from 0. your current application has been denied the moment you boarded the air plane but that doesn't mean you are banned from the US. it just means its going to take a little longer. You will have to convince the officers as well about the reason that made you decide to go home without proper authorization. Good luck.

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Filed: Citizen (apr) Country: Jordan
Timeline

No it does not matter if you married in the USA or your home country. You can still apply for it.

But it's a long process.

I would go back to the states for your interview if possible if not then go back and start the AOS again otherwise if you apply for a CR1 visa you will be apart from your husband for a min of about 8-14months

this is not an option, she will be denied entry into the US.


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Filed: Citizen (apr) Country: Tunisia
Timeline

We've done that. They need to start all over again with a CR-1/IR-1 petition this time. If anyone knows of another legal way that would speed things up for her, please post, because I can't think of anything.

unfortunately thats the only way she can go through as of now.

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Filed: AOS (apr) Country: Cyprus
Timeline

Even though that I agree that the applicant wounded herself by getting out of the country without a proper authorization I wouldn't blame her for what she did.

She could have had some reason that all of us don't know and at that specific moment she had to go home. I know for a fact if something happened to my parents and I had to go home and I didn't know I had to get a proper authorization I would have done the same thing. Blaming her for her mistake is not going to help her. suggesting what she has to do will in fact help her.

It takes a very short time to get emergency AP and hopefully those who are reading this thread will think twice of just leaving.

It takes 2 min to google so even if someone is sick in the home country there is enough time to get emergency AP.

This just happens too often for people not to be forewarned and be made aware of the strong consequences.

She only has herself to blame and hopefully has learned her lesson. I would be one super ticked off spouse if that happened to me by the way.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: Citizen (apr) Country: Jordan
Timeline

I don't think she is on a K1 visa I believe she got married in the USA and then applied for AOS

If this is the case then try and get back to the states for your interview

once again, this is NOT an option. She did not get advanced parole and has no green card. A k-1 is in single entry visa and you are not allowed to travel out of the US without AP. Period. If you do not know an answer to a question, do not answer. She will be denied entry at the border and sent back.

Edited by mimolicious


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