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RachaelP

Emergency Travel

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Filed: K-1 Visa Country: Brazil
Timeline

Hello VJers,

I have a friend who recently brought his fiancé to the USA on a fiancé visa and they married in August. The couple's daughter was just approved for a visa to join them. She planned to immigrate very soon, but until then has been staying with her grandmother (fiancé's mother.) This past week, the grandmother had a stroke. My friend's wife apparently had no luck getting an emergency approval on advanced parole, and she felt she had no choice but to leave to be with her mother and child. I wish they had talked to me before that decision and I would have consulted this forum first..... But they didn't know to, and she returned to Brazil two days ago.

Is there any hope for her to not have to start the process over, or will they be forced to go the spousal visa route? I am meeting soon with my friend to find out more details (like if the AP application is in progress, or if it was flat denied). I am afraid I do not currently have any specific details...

I appreciate advice from all you knowledgeable VJers. I know the outlook isn't promising. Sadly, my friend spent much of his disposable income on the first visa, his daughters visa, and airline tickets..... He is absolutely crushed right now, as is his family.


rwn5m5.png

K-1 Journey

09/24/2012 sent I-120F

09/27/2012 NOA1

04/19/2013 NOA2

04/30/2013 file received at NVC

05/07/2013 file received at Brazilian Consulate

06/11/2013 Interview in Rio de Janeiro - Approved!

07/18/2013 Visa Received (over one month delay at Consulate!)

07/19/2013 Fiancé entered USA

07/21/2013 Wedding

AOS

08/15/2013 sent AOS, EAD, and AP

01/27/2014 received Green card

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Filed: AOS (apr) Country: Norway
Timeline

Most likely they will have to start over with a spousal visa, since they are already married.

Did she file for AOS yet? Was her biometrics taken?

It's very unfortunate that she couldn't get the emergency AP, I feel really bad for your friend.


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Yes his wife could have got an infopass and explained the situation.

Where are they in their AOS? Did she file at all?


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: K-1 Visa Country: Brazil
Timeline

He and his wife tried to get an expedited AP, but they were given the run-around at the immigration office. I think during this emotional time, the wife was beside herself with worry for her mother and made an emotional decision to leave without the documentation. They had not yet filed for AOS. Given the circumstances, I guess this is in their favor as I think that they would have forfeited the fee when she left two days ago.


rwn5m5.png

K-1 Journey

09/24/2012 sent I-120F

09/27/2012 NOA1

04/19/2013 NOA2

04/30/2013 file received at NVC

05/07/2013 file received at Brazilian Consulate

06/11/2013 Interview in Rio de Janeiro - Approved!

07/18/2013 Visa Received (over one month delay at Consulate!)

07/19/2013 Fiancé entered USA

07/21/2013 Wedding

AOS

08/15/2013 sent AOS, EAD, and AP

01/27/2014 received Green card

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I hope she will feel better soon. Before start anything, they must contact USCIS as soon as possible and ask them what to do in this situation. she may have to start over with a Spouse Visa.

Edited by mmsk

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Filed: Citizen (apr) Country: Hungary
Timeline

They'll have to start over.

As they haven't filed AOS, there was no basis on which to grant AP anyway.

The husband needs to file an I-130 ASAP to get the ball rolling.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: K-1 Visa Country: Brazil
Timeline

Ok. Thank you for your help. My friend will be starting his CR-1 application tomorrow.


rwn5m5.png

K-1 Journey

09/24/2012 sent I-120F

09/27/2012 NOA1

04/19/2013 NOA2

04/30/2013 file received at NVC

05/07/2013 file received at Brazilian Consulate

06/11/2013 Interview in Rio de Janeiro - Approved!

07/18/2013 Visa Received (over one month delay at Consulate!)

07/19/2013 Fiancé entered USA

07/21/2013 Wedding

AOS

08/15/2013 sent AOS, EAD, and AP

01/27/2014 received Green card

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Filed: K-1 Visa Country: Wales
Timeline

Wonder why they did not bring the daughter over on a K2.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Wonder why they did not bring the daughter over on a K2.

I think they did, follow to join.


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

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

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Hi,

Your friend's situation is unfortunate :(

However, could they show the justifiable reasoning behind leaving the US without starting the AOS? NOLO.com states this: If you leave the U.S. without a travel document (advanced parole), the consulate may be able to revalidate your visa back in your home country, but it will take a hard look at your situation first. You could end up having to start over with a new fiancé visa petition.

So, maybe your friend can suggest that his wife go to the consulate in her country and explain the reasons for her returning (sick mother, daughter being left alone)? It is worth a shot because I do not think that the immigration personnel are heartless.


IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 
 
N-400 FILER
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
 
image.png.829e15e75ad360bba86f8cf7fc5cfea8.png  DECEMBER 2019 FILERS

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Filed: AOS (apr) Country: Norway
Timeline

Hi,

Your friend's situation is unfortunate :(

However, could they show the justifiable reasoning behind leaving the US without starting the AOS? NOLO.com states this: If you leave the U.S. without a travel document (advanced parole), the consulate may be able to revalidate your visa back in your home country, but it will take a hard look at your situation first. You could end up having to start over with a new fiancé visa petition.

So, maybe your friend can suggest that his wife go to the consulate in her country and explain the reasons for her returning (sick mother, daughter being left alone)? It is worth a shot because I do not think that the immigration personnel are heartless.

Unfortunately, since they're married now, she won't be eligible to have the K1 re-instated.


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Unfortunately, since they're married now, she won't be eligible to have the K1 re-instated.

True, but maybe, just maybe the US Consulate will issue a travel document--i.e. in effect issuing the wife emergency AP but not an official AP--to allow the wife to travel back to the US and then they can apply for AOS based on the original K-1 visa and also apply for the EAD/AP. If not, then they must begin again with the spousal visa, but in this case it might be worth the effort.

Dave

Edited by Dave&Roza

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Filed: K-1 Visa Country: Brazil
Timeline

Wonder why they did not bring the daughter over on a K2.

Wonder why they did not bring the daughter over on a K2.

The daughter is his biological child. She has been approved for an IR visa.


rwn5m5.png

K-1 Journey

09/24/2012 sent I-120F

09/27/2012 NOA1

04/19/2013 NOA2

04/30/2013 file received at NVC

05/07/2013 file received at Brazilian Consulate

06/11/2013 Interview in Rio de Janeiro - Approved!

07/18/2013 Visa Received (over one month delay at Consulate!)

07/19/2013 Fiancé entered USA

07/21/2013 Wedding

AOS

08/15/2013 sent AOS, EAD, and AP

01/27/2014 received Green card

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