Jump to content
NestleH

Should I cancel my immigration application?

6 posts in this topic

Recommended Posts

Hello, nice people,

I really need advice from someone, anyone. We have already tried anything we could with no solution.

Our case is the following:

I came to this country on the 6th of February with B1/B2 tourist visa valid till 2023.

I was given 6 months when entering the country. They expire 5th of August. I married my longtime boyfriend February, 11th. He is in the Army. We applied for adjustment of status using Legal Services here on 10th of May. The lady helping us promised us expedited procedure.

Nothing like that happened.

We have a wedding planned in my home country on the 17th of July.

I still haven't done my biometrics, nor have I received my advanced parole.

We trying using Infopass and explaining why I need to leave the country, it didn't help.

So we are left with many qustions here.

Can I go back to my country before my B1/B2 visa expires without advance parole by cancelling my application and reapplying when I come back? Will they even let me come back with an B1/B2 status?

Or should I postpone our wedding till December when my husband has his leave? Are there any guararantees I will have my Advance Parole by then? And Can I leave the country with Advance Parole and expired tourist visa?

I am sorry I explained my problem in such a difficult way, but it is due to lack of words and severe stress.

Please ask me questions if you didn't understand something and are willing to help me.

Thank you in advance to anyone who will read this and answer me.

Share this post


Link to post
Share on other sites

You will receive your EAD/AP around 90 days after filing, excluding any possible delays. I received mine at day 88. You definitely will not received your combo card before biometrics.


Adjusted status from VWP

Met in London October 2011

Married 10/9/15

AOS submitted 10/26/15

RFE (2014 tax transcript) received 11/21/15

EAD/AP received 1/25/16

Interview & approval 4/22/16

 

ROC submitted 3/6/18

NOA received 3/13/18

Biometrics 5/4/18

18 month extension received 8/13/18

 

N-400 submitted 1/22/19!

Share this post


Link to post
Share on other sites

hi

if you leave you won't be coming back, you can marry on a tourist visa but not adjust status here unless you don't plan to leave until you get your advance parole

you can call off the wedding in July and have a wedding in your country once you have the advance parole, you shouldn't have planned a wedding in your country until you had the possibility to leave

if you leave now, you won't be able to come back because you have immigrant intent by having applied for adjustment of status, so instead of getting your GC in the US, you would have to go through consular processing and have the interview in your country

you don't need to cancel the i130, you can send the i824 transferring the i130 once approved to the nvc and go through consular processing in your country

Share this post


Link to post
Share on other sites

Call off the wedding and wait out your immigration here. Otherwise you'll be apart for a year. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Hello, nice people,

I really need advice from someone, anyone. We have already tried anything we could with no solution.

Our case is the following:

I came to this country on the 6th of February with B1/B2 tourist visa valid till 2023.

I was given 6 months when entering the country. They expire 5th of August. I married my longtime boyfriend February, 11th. He is in the Army. We applied for adjustment of status using Legal Services here on 10th of May. The lady helping us promised us expedited procedure. She is not in a position of authority to promise you anything. She has not control over USCIS or the immigration process. She can only help you file paperwork.

Nothing like that happened.

We have a wedding planned in my home country on the 17th of July.

I still haven't done my biometrics, nor have I received my advanced parole.

We trying using Infopass and explaining why I need to leave the country, it didn't help.

So we are left with many qustions here.

Can I go back to my country before my B1/B2 visa expires without advance parole by cancelling my application and reapplying when I come back? No, you will not be coming back without an immigration visa. Will they even let me come back with an B1/B2 status? CBP will not let you in on a non-immigrant visitor visa with the intent to immigrate by adjusting status that's immigration fraud.

Or should I postpone our wedding till December when my husband has his leave? Postponing would be best. Are there any guararantees I will have my Advance Parole by then? There are no guarantees of anything in immigration. And Can I leave the country with Advance Parole and expired tourist visa? Yes. You can leave without any problem. AP allows you back into the US.

I am sorry I explained my problem in such a difficult way, but it is due to lack of words and severe stress.

Please ask me questions if you didn't understand something and are willing to help me.

Thank you in advance to anyone who will read this and answer me.

Hi,

Postpone the wedding back in your home country. Don't leave without AP.

USCIS is not going to expedite AP for a party in our home country.

If you leave without AP, you will not be allowed back in without a spousal immigration visa. The spousal visa will take about a year where you and your husband will be separated.

Best of luck

Share this post


Link to post
Share on other sites

I think the clear answer here is to delay your wedding in your home country so you can at least get the AP. Ideally it would be even better to have the GC in hand before planing another wedding.


AOS

09/02/2015 - Enter United States @ Raleigh Durham International Airport, NC under VWP

14/02/2015 - Fly to San Francisco, CA

09/05/2015 - I-94 Expires

22/05/2015 - Civil Surgeon Medical Examination

28/05/2015 - Received Sealed Envelope

04/07/2015 - Married in Vegas

14/08/2015 - Sent I-130, I-485, I-765 & I-131 to Chicago Lockbox

21/08/2015 - Emails/Texts of Acceptance for I-130, I-485, I-765 & I-131

24/08/2015 - I-130 & I-485 Cheques Cashed

27/08/2015 - Paper NOA1 Received

14/09/2015 - Biometrics Letter Received

23/09/2015 - Biometrics Complete

17/10/2015 - EAD/AP Card Produced

21/10/2015 - EAD/AP Card Mailed

24/10/2015 - EAD/AP Card Delivered

31/10/2015 - Received SSN

06/02/2016 - Interview Notice Delivered by Post

09/03/2016 - Interview

09/03/2016 - Approved at Interview + Card Ordered

14/03/2016 - Green Card Mailed

16/03/2016 - Green Card Received

ROC

05/02/2018 - Sent I-751 to California Service Centre

07/02/2018 - I-751 Received

09/02/2018 - Extension Letter Arrived in Post

12/05/2018 - Biometrics Reused Letter

18/08/2018 - 18 Months Extension Letter

Naturalisation

09/12/2018 - Sent N-400 Application Online

14/12/2018 - Received Paper NOA1

02/01/2019 - Biometrics Scheduled

06/02/2019 - Biometrics Rescheduled

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×