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Left the usa while processing a greencard

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Unfortunately, you will not be able to re-enter the US. You will have to have you spouse file a petition for you and wait until it is approved.

 

 

:time:


“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 any or all.” - NuestraUnion

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hi

 

you should have never left until you got the GC, you have a 10 year ban for having lived undocumented in the US

 

now you will need to file a waiver and your wife do the hardship letter to overcome the ban

 

 

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wow!! you should have talked to someone before you left.. leaving without AP will trigger the 10 year ban.

 

you will need to file the CR1 (which can take at least a year ) and then do a. hardship waiver (which will take at least another year)

also, a hardship waiver is not something you do on your own.. you need a skilled waiver lawyer so you are looking at 6k for the waiver alone not including all new fees ect... 

 

you are looking at a MINIMUM of 2 years to come back to the USA.

Also, new fees, new medical, waiver fees and a waiver lawyer (about 10k for all this)

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:time:

Need more info...

  • What was your status when you left?
  • Did you leave with an approved Advanced Parole (AP)?

If you had an approved AP, then you should be fine to use the AP upon return to the US.

 

If you were out of status when you left, then you will incur a bar depending how long you were out of status. You will need to file for a new visa to enter the US, and require a waiver to overcome the bar. ETA: ~2+ years, and the waiver is not a "sure thing" to be approved. Your AOS is abandoned.

 

If you were in status but left without an approved AP, you will need to file for a new visa to enter the US. Your AOS is abandoned.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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If you had approved Advance Parole document, then you can be fine to use the AP to return to the US. You can't spend more than most the year out of the US.


If you did not have approved Advance Parole, then sorry you have abandoned your AOS application and will not be given a green card


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension recieved (Courtesy Copy)

09/18/18 - Request for official 18 month extension
 

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14 hours ago, caliliving said:

wow!! you should have talked to someone before you left.. leaving without AP will trigger the 10 year ban.

 

you will need to file the CR1 (which can take at least a year ) and then do a. hardship waiver (which will take at least another year)

also, a hardship waiver is not something you do on your own.. you need a skilled waiver lawyer so you are looking at 6k for the waiver alone not including all new fees ect... 

 

you are looking at a MINIMUM of 2 years to come back to the USA.

Also, new fees, new medical, waiver fees and a waiver lawyer (about 10k for all this)

there is no ban for leaving without AP.  Where did you ever get that idea?



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We don't know for sure if OP was overstaying. Clarification is needed.


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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