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rayschw

Leave US before receiving advance parole document

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Hello,

My alien spouse is in the USA now, with a change of status + green card application pending, as well as an application for advance parole. I'm the US citizen and I am employed abroad by an American company. We've applied for expedited review of the advance parole application (on the grounds of severe financial loss), with no response nearly 2 months later. The advance parole application has been pending since July 26, so 5 months. I've been informed by someone who works at USCIS that current wait times are at least 7 months, with extra scrutiny given to nationals of my spouse's home country. 

We have no intention to live in the USA within the next 5 years, as I will continue to be employed abroad. So, when my spouse leaves the USA, it's not imperative that he be able to return immediately, or that he be able to return as a resident.

The only thing keeping him in the USA is that we don't want to abandon the green card application, and lose the nearly $2000 worth of fees. But our financial situation is hard, and we are worn down from being separated. 

So, given our situation, if he left the USA before receiving the advance parole document, is there a chance his green card application would move forward without being considered abandoned? How can we decrease the likelihood that the application would be considered abandoned?

Thanks

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Ummm.... you will lose that money anyway lol. 

Your spouse cannot leave US for 5 years and expect to keep a green card. The green card will be gone by then and you will need to go through a spouse visa process from a scratch. 

 

No idea why you even bother with AP or AOS

 

As soon as he leaves without AP everything will be considered abandoned anyway. 

Edited by Roel

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. 

 

 

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4 minutes ago, Roel said:

Your spouse cannot leave US for 5 years and expect to keep a green card. The green card will be gone by then and you will need to go through a spouse visa process from a scratch.

Exactly. @rayschw, read this info: https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence#abandoning

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Also wondering why you applied to be a LPR if you will not be residing in the US.


“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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hi

 

why bother then, you shouldn't have applied if you didn't  wish to live in the US

 

the green card is for living in the US and residency is considered abandoned after a year of not living here

 

apply again when you decide to permanently live in the US

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4 hours ago, rayschw said:

 So, when my spouse leaves the USA, it's not imperative that he be able to return immediately, or that he be able to return as a resident.

 


No point of even doing the green card then. For someone who is in a tight financial situation, you seemed to have thrown money at things for no reason or because you lack the understanding of the purpose of the things you're throwing money at.
 


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5 hours ago, rayschw said:

Hello,

My alien spouse is in the USA now, with a change of status + green card application pending, as well as an application for advance parole. I'm the US citizen and I am employed abroad by an American company. We've applied for expedited review of the advance parole application (on the grounds of severe financial loss), with no response nearly 2 months later. The advance parole application has been pending since July 26, so 5 months. I've been informed by someone who works at USCIS that current wait times are at least 7 months, with extra scrutiny given to nationals of my spouse's home country. 

We have no intention to live in the USA within the next 5 years, as I will continue to be employed abroad. So, when my spouse leaves the USA, it's not imperative that he be able to return immediately, or that he be able to return as a resident.

The only thing keeping him in the USA is that we don't want to abandon the green card application, and lose the nearly $2000 worth of fees. But our financial situation is hard, and we are worn down from being separated. 

So, given our situation, if he left the USA before receiving the advance parole document, is there a chance his green card application would move forward without being considered abandoned? How can we decrease the likelihood that the application would be considered abandoned?

Thanks

If he leaves before his green card application is complete and does not have advance parole I believe you have to start over

 

Were you working abroad when you got married?

 

Curious - what status did he adjust from?  Was this originally a K1 petition? 

Edited by Nitas_man

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5 hours ago, rayschw said:


We have no intention to live in the USA within the next 5 years, as I will continue to be employed abroad. So, when my spouse leaves the USA, it's not imperative that he be able to return immediately, or that he be able to return as a resident.

Why did you do any of this then? 

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5 hours ago, rayschw said:


So, given our situation, if he left the USA before receiving the advance parole document, is there a chance his green card application would move forward without being considered abandoned? How can we decrease the likelihood that the application would be considered abandoned?

1. No. But you said there are no plans to reside in the US, so why are you even asking?

2. You can't.

 

Your post makes absolutely no sense.

Edited by mushroomspore

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I really think some of you could have explained this to the OP without making him/her feel so stupid. They seriously had no idea how the process worked. Merry Christmas! 

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19 hours ago, rayschw said:

We have no intention to live in the USA within the next 5 years, as I will continue to be employed abroad. So, when my spouse leaves the USA, it's not imperative that he be able to return immediately, or that he be able to return as a resident.

There's absolutely nothing stopping your spouse from leaving the USA since you have no plans on returning for the next 5 years.  Even with an approved AP, your spouse would not be able to live abroad for 5 years and then the AP still be valid for re-entry back into the States.  He cannot use a green card as a sort of "placeholder" to come back and resume living in the US whenever he feels like it.

 

19 hours ago, rayschw said:

The only thing keeping him in the USA is that we don't want to abandon the green card application, and lose the nearly $2000 worth of fees. But our financial situation is hard, and we are worn down from being separated. 

Three things here:

 

1) If you leave the US without an approved AP, you've abandoned the AOS process.  If the approved AP came through AFTER you left, it could still be determined as abandoning the AOS process as an IO can easily compare any passport stamps, the date of AP approval, and the date of reentry (if actually granted reentry) into the States.  You will lose the fees you paid, anyhow.

 

2) If you and your spouse are not planning on residing in the US, then there's no point in continuing the green card process.  Green cards are for permanently residing in the US, not as a "glorified tourist visa".  If your spouse had a valid green card and then left the US to reside abroad for 5 years (and then do what's commonly called "touchdown visits" every 6 months to the US in the hopes of keeping one's status active) this is not going to work either.  Even with a green card, there is no guarantee of entry into the US, and POE can deny entry or refer you to appear before an immigration judge (who has the power to strip one of LPR status and order them removed from the country) if they feel one is not actually residing in the States.

 

3) I'm assuming your spouse originally came to the US on a tourist visa, married, and then applied for AOS?  You can always apply for a CR-1 spouse visa when you are ready to resume living in the States 5 years from now.  

 

20 hours ago, rayschw said:

So, given our situation, if he left the USA before receiving the advance parole document, is there a chance his green card application would move forward without being considered abandoned? How can we decrease the likelihood that the application would be considered abandoned?

 

If he left the USA before receiving the AP approval, you're out of luck----the application would be considered abandoned, and would not move forward.  There's no way to work around that.  Any IO with at least two brain cells can quickly determine the process was previously abandoned when looking at information in front of them.

 

20 hours ago, rayschw said:

We have no intention to live in the USA within the next 5 years, as I will continue to be employed abroad. So, when my spouse leaves the USA, it's not imperative that he be able to return immediately, or that he be able to return as a resident.

The only thing keeping him in the USA is that we don't want to abandon the green card application, and lose the nearly $2000 worth of fees. But our financial situation is hard, and we are worn down from being separated. 

Lastly, this....

 

If, as you say, "it's not imperative that he be able to return as a resident"------then there's no point in even waiting through the green card process, and I'm truly confused as to why you would even continue to wait for the AP for him to travel.  He is free to leave the US at any time.

 

As I mentioned before:  He cannot use a green card as a sort of "placeholder" to come back and resume living in the US whenever he feels like it.  In other words, for a green card to remain valid---he has to abide by certain requirements.  

 

If your financial situation would be better off with the two of you living abroad together----then go for it and better your lives for yourselves---the USA will still be around when you two are ready to reside there.

 

 


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12 hours ago, Diane and Chris said:

I really think some of you could have explained this to the OP without making him/her feel so stupid. They seriously had no idea how the process worked. Merry Christmas! 

I would understand if their circumstances had changed during the process. But since there was never any intention to reside in the US, their actions are pretty baffling. It is called "permanent residency" and it's pretty self-explanatory.

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