Leaving USA

[sweetie87 7]

U need to file again for Ir1/cr1 visa,if she go home without filing AOS,.same as mine before came here with K1 then I went home without filing AOS,so my husband filed again an IR1 visa coz our marriage is over 2yrs.,And took us 2 yrs. Waiting till they approved it,.

[teeak 224]

If it's a real family emergency, then she'll be able to obtain an AP card within 1 day if needed at an infoPass appointment. There's another VJ user who was successful, but, it was a dire medical circumstance.

http://www.visajourney.com/forums/topic/562528-expedite-ap/

Edited October 23, 2015 by teeak

[IcezMan_IcezLady 582]

If it's a real family emergency, then she'll be able to obtain an AP card within 1 day if needed at an infoPass appointment. There's another VJ user who was successful, but, it was a dire medical circumstance.

http://www.visajourney.com/forums/topic/562528-expedite-ap/

But she is out of status already so her case is a little complicated than that.

[teeak 224]

But she is out of status already so her case is a little complicated than that.

I know she is out of status but, as soon as she files her AOS then it won't matter how long she's been out of status since she's still in the US. Once her AOS is filed, she's authorized to stay until a decision is made.

And, I think in a lot of cases, people who enter on K-1 end up filing after their I-94 departure date.

Edited October 23, 2015 by teeak

[Jawaree 717]

OP you should speak to an atty. why not file AOS for over a yr? You

should B4 she goes... to an adjudicator it can seem fishy there was no

interest to do anything after the marriage...you'll need hardship proofs

going I 601 route with a spousal petition & that's discretionary & costly

[Hypnos 6,576]

Not sure what speaking to an attorney will do; it will not change the facts.

[Mike-eeh and Odie 192]

If she leaves now without filing for AoS she will incur a 10 year ban.

You must file AoS immediately and make an infopass appointment to get an emergency AP. - Note that AP does not a guarantee entry into the USA.

If she leaves without AP after filing AoS, you will have to file a spousal visa and wait for denial to submit a waiver. In the waiver you have to prove extreme hardship on your end and explain the hardship without her. Missing her deeply causing you depression, is not extreme hardship by the way.

[Tahoma 2,291]

She should file to adjust her status. Borrow the money from family or friends. Or, take a cash advance on your visa. Once it's filed, she can get an emergency advance parole.

[Hank_ 9,173]

My wife came here on a K1 visa, we were married before the expiration. That was June 2014. She has to return to the Philippines. We do not have an AOS on file and cannot file one now. Someone on Yahoo suggest that there may be a 10 year penalty before she can return. Is this true? I know I have to refile to get her back but this whole reason for her trip is a clusterf***.

You have not filed AOS yet? And you wife is going to be leaving the states soon? How quickly does she have to return to the Phils? Hopefully you have a few weeks or a month before flying.

I would suggest contacting USCIS (infopass), maybe file AOS quickly to get AP letter/card. Once you file AOS the "overstay" is usually forgiven.

Edited October 24, 2015 by Hank_

[jxn 86]

A lot of people seem to be not reading the post fully and OP could clarify a few things.

That said, it looks like OP's wife has been out of status for over a year. If she's still in the U.S., you need to file AoS for her immediately. If she leaves without getting AP on her work permit (two to three months after filing for AoS) she will incur a ban.

[Hypnos 6,576]

An Infopass appointment will do absolutely nothing unless and until the OP's wife files for AoS, at which point they may be able to obtain emergency AP if the reason for travel is sufficiently urgent, and they can document this.

[Unidentified 2,930]

File for AOS and as soon as you get the case number(s) go to the USCIS office, you do not need to make an info pass as it's an emergency and she will have the Emergency AP within 1 hour.

This is what you will need:
Proof of the family emergency for example letter from a doctor etc.
Your AOS case number
2 passport photos
A cheque because you will have to pay $360 for the Emergency AP

I do now know her overstay will affect things but from what I understand she should be fine if you guys file AOS. Keep in mind she should not stay away for too long. She can technically be away for a year on the AP but after about 6 they will start to ask questions. And she shouldn't be alarmed if they take her into secondary once she returns, it's standard procedure (at least at Dulles).

[tubesman 3]

The crisis in the Philippines is temporarily abated. So we will apply Immediately for the AOS.

[GermanCanadian89 7]

I came in on a k1. Im writing this for the misleading information. I didn't file aos until this April 2015 and we got married in June 2014. I eventually got my AP card. I crossed the border. I came back into USA, no issue. I know what it says on the noa but, I called and asked uscis and he said, if I have my AP card I can travel. I think there is an exception to some cases/visas..

Anyways, when you file for aos, if you do, it'll take 90 days, if she is approved, to get her AP card.

[Unidentified 2,930]

I came in on a k1. Im writing this for the misleading information. I didn't file aos until this April 2015 and we got married in June 2014. I eventually got my AP card. I crossed the border. I came back into USA, no issue. I know what it says on the noa but, I called and asked uscis and he said, if I have my AP card I can travel. I think there is an exception to some cases/visas..

Anyways, when you file for aos, if you do, it'll take 90 days, if she is approved, to get her AP card.

This is for the regular Advance Parole. The OP needs Emergency AP which does not take 90 days to get.