Jump to content
jackson6658

What if emergency happend before AP

21 posts in this topic

Recommended Posts

This idea came to my mind recently. If I get married in US waiting for Advance Patrole, and something happend in home country. What shall we do? I know the back entry and AOS can be declined due to going out of US without AP.  This is just in case. The  AP waiting time can be 4-6 months. Who knows what can happen during this time. I don't want to mention what kind of emergency can possibly happen. You know it. Any one ever experience this? Thank you! 

 


NOA1 Apr 19, 2018

NOA2 Oct 18.2018

Share this post


Link to post
Share on other sites
1 minute ago, jackson6658 said:

This idea came to my mind recently. If I get married in US waiting for Advance Patrole, and something happend in home country. What shall we do? I know the back entry and AOS can be declined due to going out of US without AP.  This is just in case. The  AP waiting time can be 4-6 months. Who knows what can happen during this time. I don't want to mention what kind of emergency can possibly happen. You know it. Any one ever experience this? Thank you! 

 

You CANNOT leave the USA without AP or a greencard. If you do you WILL abandon your AOS petition. If you leave before you apply for AOS but after using K-1 you cannot renter using the K-1 visa again. It is a 1 entry only visa. If you are worried about emergencies at home and not being able to leave the US I strongly recommend filing for a CR1/IR1 visa instead. You would get married in your country and then your spouse would petition for you as a spouse. You would enter the US as a LPR and receive your greencard a few weeks after entry. This will allow you to travel and work almost immediately after entry. If there is something going on in your country (ie a sick family member) maybe you should consider staying their and having your USC S.O move to your country. Good luck!


K-1 VISA

I129F Sent: 08/23/2017

NOA 1: 08/25/2017

NOA 2: 02/27/2018

NVC Received: 03/14/2018

NVC Case #: 03/15/2018

NVC Left: 03/24/2018

Embassy Received: 03/28/2018

Medical: 05/08/2018

Interview: 05/15/2018 

Visa issued: 05/18/2018

Visa received: 05/23/2018 

 

AOS

POE: 06/07/2018

SSN applied: 06/12/2018

SSN received: 06/28/2018

AOS Sent: 07/27/2018

Biometrics: 08/23/2018

Interview: 10/30/2018

Approval: 10/30/2018 

NOA2: 11/05/2018

Green card Received: 11/08/2018

 

 

NO MORE USCIS UNTIL ROC!!!!!😁

 

 

 

Share this post


Link to post
Share on other sites
6 minutes ago, jackson6658 said:

This idea came to my mind recently. If I get married in US waiting for Advance Patrole, and something happend in home country. What shall we do? I know the back entry and AOS can be declined due to going out of US without AP.  This is just in case. The  AP waiting time can be 4-6 months. Who knows what can happen during this time. I don't want to mention what kind of emergency can possibly happen. You know it. Any one ever experience this? Thank you! 

 

To be honest I worried about the same thing....unfortunately you are just going to have to roll with it and cross your fingers. I managed to get through in 4 months which was lucky- got my EAD card and AP combo. You can't control everything and unfortunately there is no real decent process to leave without AP or Greencard. You are gonna just have to take a risk and go for it. Deal with that when it happens because the chances are slim of an emergency...unless you know something I don't?

Share this post


Link to post
Share on other sites
10 minutes ago, kiwihurricane15 said:

To be honest I worried about the same thing....unfortunately you are just going to have to roll with it and cross your fingers. I managed to get through in 4 months which was lucky- got my EAD card and AP combo. You can't control everything and unfortunately there is no real decent process to leave without AP or Greencard. You are gonna just have to take a risk and go for it. Deal with that when it happens because the chances are slim of an emergency...unless you know something I don't?

I hope I will be as lucky as you were. Cross fingers. Thank you.


NOA1 Apr 19, 2018

NOA2 Oct 18.2018

Share this post


Link to post
Share on other sites
16 minutes ago, mushroomspore said:

You can ask for emergency AP at an Infopass appointment with evidence of your emergency but there are no guarantees. It depends if the IO feels nice that day or hour. The other alternative is leave, stay in your home country, file the spousal visa (if married) and then wait until you get that to come back. If you're not okay with those options, then your only choice is to accept you are stuck inside the US and wait until you get AP.

 

19 minutes ago, mushroomspore said:

You can ask for emergency AP at an Infopass appointment with evidence of your emergency but there are no guarantees. It depends if the IO feels nice that day or hour. The other alternative is leave, stay in your home country, file the spousal visa (if married) and then wait until you get that to come back. If you're not okay with those options, then your only choice is to accept you are stuck inside the US and wait until you get AP.

Thank you for your opinion and advise.

20 minutes ago, mushroomspore said:

You can ask for emergency AP at an Infopass appointment with evidence of your emergency but there are no guarantees. It depends if the IO feels nice that day or hour. The other alternative is leave, stay in your home country, file the spousal visa (if married) and then wait until you get that to come back. If you're not okay with those options, then your only choice is to accept you are stuck inside the US and wait until you get AP.

Thank you for your opinion and advise.


NOA1 Apr 19, 2018

NOA2 Oct 18.2018

Share this post


Link to post
Share on other sites
23 minutes ago, K & R said:

You CANNOT leave the USA without AP or a greencard. If you do you WILL abandon your AOS petition. If you leave before you apply for AOS but after using K-1 you cannot renter using the K-1 visa again. It is a 1 entry only visa. If you are worried about emergencies at home and not being able to leave the US I strongly recommend filing for a CR1/IR1 visa instead. You would get married in your country and then your spouse would petition for you as a spouse. You would enter the US as a LPR and receive your greencard a few weeks after entry. This will allow you to travel and work almost immediately after entry. If there is something going on in your country (ie a sick family member) maybe you should consider staying their and having your USC S.O move to your country. Good luck!

Thank you for your opinion and advise.


NOA1 Apr 19, 2018

NOA2 Oct 18.2018

Share this post


Link to post
Share on other sites

You can try for emergency AP if an emergency arrives.

Or you can leave and abandon AOS.

Or you can stay and not go to the emergency.


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

10/24/18: Green card produced

10/31/18: 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

 

 

Share this post


Link to post
Share on other sites

Such is the life of a K-1 spouse, unfortunately...


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites

 

That's one of the reasons I chose to do the spousal visa and which meant we spent the first 16 months of our married life living in two separate countries. 

 

I could not face the thought of having to choose between an emergency at home and my US immigration status. 

 

It's also why I never really understand why people from ESTA countries do the AOS from the VWP. 

Share this post


Link to post
Share on other sites

Moved from K1 Process & Procedures to Working & Traveling During US Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
2 hours ago, Trellick said:

 

That's one of the reasons I chose to do the spousal visa and which meant we spent the first 16 months of our married life living in two separate countries. 

 

I could not face the thought of having to choose between an emergency at home and my US immigration status. 

 

It's also why I never really understand why people from ESTA countries do the AOS from the VWP. 

Well people have their reasons. Some people don't have families at all or don't care to continue their relationship with their family in their home country. For them, there's no real need to go back. Or more commonly (especially with the spousal-based AoS process), people just aren't thinking all that rationally because they get too excited at the suddenly-real and tangible prospect of being with their loved one permanently and will take whatever negative aspects the process contains.

Edited by mushroomspore

Share this post


Link to post
Share on other sites
14 hours ago, jackson6658 said:

This idea came to my mind recently. If I get married in US waiting for Advance Patrole, and something happend in home country. What shall we do? I know the back entry and AOS can be declined due to going out of US without AP.  This is just in case. The  AP waiting time can be 4-6 months. Who knows what can happen during this time. I don't want to mention what kind of emergency can possibly happen. You know it. Any one ever experience this? Thank you! 

 

If something happens then you'll have a choice - apply for emergency AP and wait or don't want and sacrifice your AOS.

Not sure what kind of experiences you're looking for, but those are only 2 options.

 

If this already bothers you, cancel K1 and apply for CR1.

 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Share this post


Link to post
Share on other sites

CR1 would be the obvious solution.


“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.”

Share this post


Link to post
Share on other sites

I want to add that if it takes longer than a year to schedule your green card interview, you will also need to stay in the United States during your AP renewal.  This is a recent change, so it is not something my husband and I considered.  Be aware that there may be more than one long chunk of time when you cannot leave the United States.  Here is our timeline as an example:

 

May 2017 - fiancé entered the United States on a k-1 visa

June 2017 - we got married and submitted paperwork for AOS, EAD, and AP

November 2017 - husband received EAD/AP card

July 2018 - submitted EAD/AP renewal paperwork; still waiting for renewed EAD/AP card

October 2018 - green card interview; still waiting for green card

 

Total time without being able to leave the United States:

Entry --> EAD/AP card: five and a half months

EAD/AP card renewal: have not yet received new card; we have been waiting for four months

Green card: we had our interview five weeks ago and were approved, but we have not yet received our card

 

Total time without being able to leave the United States: nine and a half months (and counting).  We had a straightforward case with no RFE's.  If you go the k-1 visa route, be prepared for extended periods of time where you cannot leave the United States.


Click here for K1:

Spoiler

11/19/2016                 Mailed I-129F packet
11/21/2016                 NOA1 received date
11/25/2016                 Date on NOA1 hard copy
11/28/2016                 NOA1 arrived in the mail
02/16/2017                 NOA2 (USCIS website and Case Tracker app)
02/21/2017                 NOA2 arrived in the mail
03/08/2017                 Case arrived at the NVC
03/09/2017                 NVC assigned case number
03/13/2017                 Case left the NVC
03/17/2017                 Case arrived in Montreal; status updated to "Ready"
03/17/2017                 Submitted DS-160
03/18/2017                 E-mailed Packet 3 to Montreal
03/20/2017                 Received Packet 4
04/26/2017                 Visa interview in Montreal - Approved!!!
04/27/2017                 CEAC status changed from "Administrative Processing" to "Visa Issued".
04/28/2017                 Visa arrived
05/29/2017                 POE Toronto (Pre-Clearance)/Minneapolis
06/01/2017                 Legal marriage
07/29/2017                 Wedding ceremony with family and friends

 

Marriage-Based Adjustment of Status:

06/16/2017                 Mailed AOS packet to Chicago lockbox

06/19/2017                 Chicago lockbox received

07/03/2017                 Notification texts & e-mails

07/12/2017                 NOA hard copies arrived in the mail

07/25/2017                 Biometrics letter arrived

08/02/2017                 Biometrics appointment

11/06/2017                 EAD and AP approval notice arrived in the mail

11/08/2017                 EAD card arrived (145 days after we sent our AOS packet)

03/15/2018                 Status changed to "Case is Ready to be Scheduled for an Interview"

07/21/2018                 Submitted paperwork to renew EAD/AP

09/01/2018                 Interview notice arrived in the mail

10/03/2018                 AOS interview (474 days after we mailed our paperwork)

11/08/2018                 InfoPass appointment to inquire about green card.  Learned that our file had been moved to the
                                       storage room for approved cases, but had not been marked "approved" in the computer system.

11/16/2018                 Online case status changed to "approved" (44 days after AOS interview)

11/21/2018                 Green card was mailed

11/24/2018                 Green card arrived!!!!!  (526 days after applying for AOS)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×