Adjustment of status

[Michal K. 0]

my partner and i filed for asjustment of status in the states in april this year. I couldnt wait for the issuing of the document confirming  advance parole and left the country in June because my mother was very ill in the uk. Thought I couldn't reenter the states according to the immigration laws but right now my partner has told me that advance parole and work permit has been issued in my name.

if he sent me the documents via post would I have a chance to reenter the country on these documents? I have heard that my application was technically abandoned but do u think if I showed up with the advance parole on the border an immigration officer would admit me?

 

anyone with similar experience please

[Redheadguy03 505]

If you didn't have it when you left you're out of luck. 

[Roel 7,191]

Time to file for the spouse visa. 

[f f 725]

see if you can use the same i130 you already filed and have the interview in London. the i485 is dead since he left but there is no reason the i130 can't be alive still.

 

I am assuming you filed the i485 and i130 concurrently. 

Edited September 22, 2017 by f f

[aleful 1,905]

hi

 

agreed, the concurrent filing is dead, but once the i130 is approved, your husband will need to file the i824 to transfer the approved i130 to the NVC so you can continue the case through consular processing

 

 

[caliliving 606]

you are going to be stuck for about a year waiting. that is they they say to wait for the AP until you leave. 

[Going through 5,668]

15 hours ago, Michal K. said:

f he sent me the documents via post would I have a chance to reenter the country on these documents? I have heard that my application was technically abandoned but do u think if I showed up with the advance parole on the border an immigration officer would admit me?

Personally,  I have heard of people doing this in the past and getting the document mailed to them and they did successfully cross---HOWEVER---it all depends on the issue date of the AP.  For example, if the AP was issued on June 1st, and you left June 2nd...you're fine and your AP is valid (you just need to get it in your hands for re-entry).  If the AP was issued on June 2nd and you left on June 1st, then you won't be able to use that document to re-enter as it would be easy for POE to determine you left the country without being issued the proper documentation first if they look at the issue date of the AP and the date of your entry into the UK.

 

There is no rule that the AP must be physically in hand before you leave the country---only that the document must be approved BEFORE leaving the country.   If your departure date from the US was before the issue date of the AP, and therefore you left the US without a valid travel document at the time of departure, then you are out of luck.

 

I'm assuming since you left the country in June, that the AP wasn't approved before then, since it seems from the info in your OP that your partner *just* told you about the AP being issued/approved.  @f f gave good advice on how to proceed  in that case.

Edited September 23, 2017 by Going through

[JFH 12,189]

*~*~*moved Fromm "bringing family members of USCs" to "working and traveling" - question about advanced parole*~*~*

[Michal K. 0]

On 23/09/2017 at 1:37 PM, Going through said:

Personally,  I have heard of people doing this in the past and getting the document mailed to them and they did successfully cross---HOWEVER---it all depends on the issue date of the AP.  For example, if the AP was issued on June 1st, and you left June 2nd...you're fine and your AP is valid (you just need to get it in your hands for re-entry).  If the AP was issued on June 2nd and you left on June 1st, then you won't be able to use that document to re-enter as it would be easy for POE to determine you left the country without being issued the proper documentation first if they look at the issue date of the AP and the date of your entry into the UK.

 

There is no rule that the AP must be physically in hand before you leave the country---only that the document must be approved BEFORE leaving the country.   If your departure date from the US was before the issue date of the AP, and therefore you left the US without a valid travel document at the time of departure, then you are out of luck.

 

I'm assuming since you left the country in June, that the AP wasn't approved before then, since it seems from the info in your OP that your partner *just* told you about the AP being issued/approved.  @f f gave good advice on how to proceed  in that case.

Thank you for you exhaustive reply. The document was in fact issues some months later.

 

what is the procedure to reapply for a spousal visa from abroad knowing that I had my stay and work permit endorsed before? Do I need to go through the whole process again or is there some simplified process to follow? I have heard that one of the petitions (the family petition) should stay intact, that only the second part of the application needs to be applied for. How does it work ? Could you she’d some light on it?

 

best regards