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Covetangel

No advance parole!

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Husband came from Mexico on K1 visa and we submitted for AOS/Advance parole and work authorization.  Things became difficult with adjustment, missing children who did not travel and process in completing documentation.  He left and has been gone two months, but now we need to know what options we have?  Do I have to wait to request his return from Mexico?

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Once he left the country he has technically abandoned his AOS process.

 

If fortunate, you could still get the AP and mail it to him; but not the best idea either.

 

Worst case scenario, he is stuck now in Mexico and you would have to process for a spousal visa, basically start all over again with the visa journey.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

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His APS willl be abandoned and denied automatically. Usuallly USCIS issues an RFE requesting evidence that he did not leave the US first.

 

Mailing AP to him won’t fix the issue.


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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16 minutes ago, Covetangel said:

Husband came from Mexico on K1 visa and we submitted for AOS/Advance parole and work authorization.  Things became difficult with adjustment, missing children who did not travel and process in completing documentation.  He left and has been gone two months, but now we need to know what options we have?  Do I have to wait to request his return from Mexico?

It was a bad decision to leave the country without adjusting status.  

I would recommend starting the spouse visa process.


21 Aug 2013: I-129F Sent

11 Feb 2014: Visa APPROVED!

20 May 2014: Wedding!

--

31 Jul 2014: Mailed AOS Packet

12 Feb 2015: AOS Interview - Approved

--

22 Feb 2017: Mailed ROC Packet

08 Aug 2018: ROC Approved

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6 minutes ago, Covetangel said:

Not what I wanted to hear :(  Do we have to wait to reapply? 

No.

You have to start the process over from start with an I-130 now.

https://www.visajourney.com/content/i130guide1

 


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 have been married for 2 years when he enters he will get an IR1 and will not need to remove conditions.


“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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A little bit longer, something to bear in mind.


“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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10 hours ago, Covetangel said:

Ha! we have been married four months.....:cry:  So I guess it will be another year before he is approved to return.

 

Just wondering, why did you guys think it would be a good idea for him to go back so soon?  


21 Aug 2013: I-129F Sent

11 Feb 2014: Visa APPROVED!

20 May 2014: Wedding!

--

31 Jul 2014: Mailed AOS Packet

12 Feb 2015: AOS Interview - Approved

--

22 Feb 2017: Mailed ROC Packet

08 Aug 2018: ROC Approved

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I didn't believe he come and go, but he insisted that the officer that he interviewed with at the border said he was allowed.  He is stubborn and said we applied for the travel pass and she told him he could cross back.  Now he regrets it, but too late and he is stuck I guess until we file the paperwork. 

 

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