Difficult situation- K3 visa?

[Fridamu 0]

Help. I am in a bit of a difficult situation right now. I went through the K1 visa last year, got to America June of last year, got married and sent in paperwork for AOS shortly after that, I have received EAC/ advanced parole travel card, but still not interview or greencard, here is where the situation gets sticky...

 

I am pregnant, my husband is in the military and will be gone most of the pregnancy, then sent on deployment right before the baby is born and then be gone for 9 months, I have an autoimmune disease and there is no way I can stay here and take care of an infant and an 8 yr old alone, without any family or friends that can help me.

 

I have a strong urge to go home to my homecountry asap, to finish my pregnancy and have the baby there, where I can get the support and help i need. I know in order to do that, I have to withdraw my GC application, but ; is there any way I can ever move back to the US again? What route would I have to take and how long-ish would it take? Reminder, me and my husband are married and owns a house in Texas. Please help, I am losing my mind.

[milimelo 4,494]

Nothing is holding you in the US. You have advance parole (for the 8 yr old as well I hope). If the GC is not issued during the time stated on AP you can send for another AP (free as AOS is still pending - same for EAD) - in the US. Since you applied in June you can send off for renewed AP and EAD now. 

 

If you don't return for any interview your case will be considered abandoned and your husband will have to start with I-130 for you and his stepson and you'll interview at the consulate in your home country. 

 

Newborn will need CRBA for recognition of his citizenship and passport. 

 

Have anyone to watch your mail while you're away? GC could come that way. I know there are services that will get your mail (you set up mail forwarding to them) open it and scan it for you and you then tell them what to forward FedEx to you and what to shred. 

 

 

[Fridamu 0]

6 minutes ago, milimelo said:

Nothing is holding you in the US. You have advance parole (for the 8 yr old as well I hope). If the GC is not issued during the time stated on AP you can send for another AP (free as AOS is still pending - same for EAD) - in the US. Since you applied in June you can send off for renewed AP and EAD now. 

 

If you don't return for any interview your case will be considered abandoned and your husband will have to start with I-130 for you and his stepson and you'll interview at the consulate in your home country. 

 

Newborn will need CRBA for recognition of his citizenship and passport. 

 

Have anyone to watch your mail while you're away? GC could come that way. I know there are services that will get your mail (you set up mail forwarding to them) open it and scan it for you and you then tell them what to forward FedEx to you and what to shred. 

 

 

Thank you so much for your reply!! My EAC and advanced parole I'd valid until january 2018, can I go home now and then renew the EAC/travel parole later? How long can you stay out of the US without risking abandoning your AOS application? If I go home, I wouldn't return until June next year, I would come back for an interview though. I do have EAC/TRAVEL for my son as well, yes. And I have someone here that can check the mail.

[Fridamu 0]

Anyone else?

[Transborderwife 4,666]

On 3/28/2017 at 11:25 PM, Fridamu said:

Thank you so much for your reply!! My EAC and advanced parole I'd valid until january 2018, can I go home now and then renew the EAC/travel parole later? How long can you stay out of the US without risking abandoning your AOS application? If I go home, I wouldn't return until June next year, I would come back for an interview though. I do have EAC/TRAVEL for my son as well, yes. And I have someone here that can check the mail.

How far along are you in your pregnancy? 

[Fridamu 0]

1 minute ago, Transborderwife said:

How far along are you in your pregnancy? 

I am about 2 months, due in November.

[geowrian 22,337]

On 3/28/2017 at 11:14 PM, milimelo said:

Have anyone to watch your mail while you're away? GC could come that way. I know there are services that will get your mail (you set up mail forwarding to them) open it and scan it for you and you then tell them what to forward FedEx to you and what to shred.

Just wanted to add something here....those services are acting in a questionable legal status. I am a contractor for USPS (IT Architecture & Development) and have worked at what many are calling the "alternative" for those services - Informed Delivery. The postmaster general has shut down some of those services as they were deemed to violate security and confidentiality processes in place and mandated by law (under his interpretation). See the "Outbox" service case.

 

It's not that you can't use those services as a consumer, though. I just wanted to add a little back story as Informed Delivery was one of my babies for close to 2 years.

 

On 3/28/2017 at 11:25 PM, Fridamu said:

Thank you so much for your reply!! My EAC and advanced parole I'd valid until january 2018, can I go home now and then renew the EAC/travel parole later? How long can you stay out of the US without risking abandoning your AOS application? If I go home, I wouldn't return until June next year, I would come back for an interview though. I do have EAC/TRAVEL for my son as well, yes. And I have someone here that can check the mail.

You can renew, sure. You need to be in the US to file for it, though (barring extreme circumstances that I don't think apply here). There is no set time that you can be abroad while using AP other than the expiration of the document. However, CBP needs to believe you did not abandon your residence while abroad. Having a kid and being outside the US more than inside it would probably be viewed as having abandoned your residence.

 

Another consideration is that once you reach a certain point in your pregnancy, you will usually not be permitted to fly for medical reasons.

 

You would still be eligible for a CR-1/IR-1 visa at a future date if your AOS did get abandoned (albeit I would absolutely try to avoid doing so as that's yet another long and expensive process).

Edited March 30, 2017 by geowrian

[Transborderwife 4,666]

1 minute ago, Fridamu said:

I am about 2 months, due in November.

The only thing that I'd be concerned about is making it back for your interview if that's your wish.  With an autoimmune disease your physician may not want you to travel as it could increase symptoms and or cause fetal distress thus abandoning your Application and having to start again with an ir1

[Transborderwife 4,666]

1 minute ago, geowrian said:

Just wanted to add something here....those services are acting in a questionable legal status. I am a contractor for USPS (IT Architecture & Development) and have worked at what many are calling the "alternative" for those services - Informed Delivery. The postmaster general has shut down some of those services as they were deemed to violate security and confidentiality processes in place and mandated by law (under his interpretation). See the "Outbox" service case.

 

It's not that you can't use those services as a consumer, though. I just wanted to add a little back story as Informed Delivery was one of my babies for close to 2 years.

 

You can renew, sure. You need to be in the US to file for it, though (barring extreme circumstances that I don't think apply here). There is no set time that you can be abroad while using AP other than the expiration of the document. However, CBP needs to believe you did not abandon your residence while abroad. Having a kid and being outside the US more than inside it would probably be viewed as having abandoned your residence.

 

Another consideration is that once you reach a certain point in your pregnancy, you will usually not be permitted to fly for medical reasons.

 

You would still be eligible for a CR-1/IR-1 visa at a future date if your AOS did get abandoned (albeit I would absolutely try to avoid doing so as that's yet another long and expensive process).

Pregnancy is not usually an issue flying wise until 36 weeks, some fly up to 40.  If be more concerned about her autoimmune disorder

[Fridamu 0]

My lawyer said he does not anticipate an interview happening in our case. I don't know howlong it'll be until I get my greencard, we filed in August 2016, how long can you stay out of the country on a greencard?

[Fridamu 0]

So basically, I have two choices. Stay here alone throughout my pregnancy , with no family and friends, OR, go home and abandon my AOS..:(

[geowrian 22,337]

1 minute ago, Transborderwife said:

Pregnancy is not usually an issue flying wise until 36 weeks, some fly up to 40.  If be more concerned about her autoimmune disorder

Good point. I've seen some airlines go by 30 weeks (without a signed waiver from a doctor). I just wasn't sure when that would fall (plus taking care of the newborn) relative to the interview.

[Transborderwife 4,666]

2 minutes ago, Fridamu said:

My lawyer said he does not anticipate an interview happening in our case. I don't know howlong it'll be until I get my greencard, we filed in August 2016, how long can you stay out of the country on a greencard?

6 months.  Up to two years with a re entry permit.

[Fridamu 0]

Just now, Transborderwife said:

6 months.  Up to two years with a re entry permit.

How do I get a re entry permit, how long does it take before it's issued and what are the requirements for it?

[Transborderwife 4,666]

Just now, geowrian said:

Good point. I've seen some airlines go by 30 weeks (without a signed waiver from a doctor). I just wasn't sure when that would fall (plus taking care of the newborn) relative to the interview.

I had a couple of business women who were doing transatlantic flights at about 35+ weeks in a baby group that I was in, that's the main reason I know.  Delta I know has zero restrictions but can deny boarding as they see fit