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Posted (edited)

I am a US Citizen & My wife came to the US on a Fiance Visa (K1) in June 2018 from Pakistan. We got married in July & sent the adjustment of status application (i485) to USCIS. After the Biometrics she received her Employment Authorization (with approved Advance parole) & was scheduled for an interview on April 22nd, 2019, which is just a few days from now.

 

Unfortunately Her father has been hospitalized with a life threatening prognosis and she wants to visit him immediately & this stay might be a prolonged one. I will also be staying with her in Pakistan while she is there as I can work from home.

 

I will be greatly thankful to anyone who can guide us by answering the following questions:

 

1. Can we reschedule the Interview simply by calling the number listed on the interview letter? (800) 375-5283

2. Can we request the USCIS to Interview us in my wife's home country?

3. If no to question 2 then, Is there a way to withdraw our Adjustment of Status Application & apply for a Green Card for my wife in her home country while we reside there?

 

Thank you,
Al 

Edited by mir5555
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

1.  Yes....you can request, but writing is better.

2.  No

3.  Does she have approved advance parole?

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
  1. Follow the instructions on the notice to reschedule.
  2. No. AOS interviews are only conducted within the US. AOS is a US-based processed.
  3. Yes. She can request to withdraw the I-485. Then you would file an I-130 to start the CR-1/iR-1 visa process. ETA: ~12-16 months on average from I-130 filing to interview. Guide: https://www.visajourney.com/content/i130guide1

Timelines:

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Posted
  On 4/13/2019 at 3:11 PM, mir5555 said:

Thanks for the quick reply. Yes, she does have an approved advance parols document.

Expand  

How long is the expected travel abroad? A few months? Years?

Timelines:

ROC:

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Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
  On 4/13/2019 at 3:11 PM, mir5555 said:

Thanks for the quick reply. Yes, she does have an approved advance parols document.

Expand  

She could possibly leave for a time, then return using AP........but if it is going to be an extended stay outside the US, the suggestion by @geowrian is the better solution.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
  On 4/13/2019 at 3:12 PM, geowrian said:

How long is the expected travel abroad? A few months? Years?

Expand  

Our travel abroad can last up to 8-12 months as her father has a life threatening condition and doesn't have much family support. We dont mind staying out there to care for her father AND waiting 12-18 months for the Green Card process (if needed). My attorney in the US advised us yesterday that if we withdraw the i485 application, my wife will be barred to enter the US for 10 years! is this true?

Posted
  On 4/13/2019 at 3:12 PM, missileman said:

She could possibly leave for a time, then return using AP........but if it is going to be an extended stay outside the US, the suggestion by @geowrian is the better solution.

Expand  

Lots of unknowns at this point...hard to say if doing AOS in the US is still an option. Then possibly by waiting out the green card & doing a re-entry permit. That buys them an easy 2 years to take care of the family member abroad, but does require probably a month or so in the US to do the interview, get the card, file the I-131, and do biometrics. Only then they could leave.

If the timeframe is only like 6 months, she could return for AOS then go back abroad then return via a green card.

If the circumstances require staying abroad for a very long time, or unable to return for AOS/re-entry permit, then starting over with the CR-1 visa abroad is probably best.

Timelines:

ROC:

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AOS:

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K-1:

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Posted (edited)
  On 4/13/2019 at 3:16 PM, mir5555 said:

Our travel abroad can last up to 8-12 months as her father has a life threatening condition and doesn't have much family support. We dont mind staying out there to care for her father AND waiting 12-18 months for the Green Card process (if needed). My attorney in the US advised us yesterday that if we withdraw the i485 application, my wife will be barred to enter the US for 10 years! is this true?

Expand  

No bar for overstay exists here. It sounds like AOS was filed while still in the original 90 days so there's no overstay. Even then, no bar exists for those who depart the US with valid AP. See Matter of Arrabally.

Edit: Actually, Matter of Arabally might not quite be the right case here as that's about what is considered a departure. If the I-485 itself is withdrawn/denied, then a departure does seem to occur. But the point remains that no overstay bar should exist.

Edited by geowrian

Timelines:

ROC:

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AOS:

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K-1:

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Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
  On 4/13/2019 at 3:16 PM, mir5555 said:

Our travel abroad can last up to 8-12 months as her father has a life threatening condition and doesn't have much family support. We dont mind staying out there to care for her father AND waiting 12-18 months for the Green Card process (if needed). My attorney in the US advised us yesterday that if we withdraw the i485 application, my wife will be barred to enter the US for 10 years! is this true?

Expand  

Barred for what reason?  She did not overstay her I-94......She was authorized to stay after AOS was filed.......Ask the attorney why there would be a bar.....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

**Moved from General Immigration-Related Discussion to Adjustment of Status (Green Card) from K1 and K3 Family Based Visas**

πŸ‡·πŸ‡Ί CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

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πŸ‡ΊπŸ‡Έ N-400 Application for Naturalization (Apr 2020-Jun 2021) πŸ›‚

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πŸŽ† Members new and old: don't forget to fill in your VJ timeline! πŸŽ‡ https://www.visajourney.com/timeline/

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
  On 4/13/2019 at 3:16 PM, mir5555 said:

Our travel abroad can last up to 8-12 months as her father has a life threatening condition and doesn't have much family support. We dont mind staying out there to care for her father AND waiting 12-18 months for the Green Card process (if needed). My attorney in the US advised us yesterday that if we withdraw the i485 application, my wife will be barred to enter the US for 10 years! is this true?

Expand  

I cannot understand why there would be a ten year ban. But if the travel abroad is going to be for 8-12 months consider that if she already had her green card, surely she would come back within 180 days to maintain her LPR status even if for just a day. 

 

April 22 is 8 days from today,   Her father appears to have at least 8 months left and since the trip itself takes two days, I think you two need to take a deep breath and ask if she really needs to be there by April 16 (if she leaves today) or if April 24 would be acceptable.  

 

Or, leave today, be there for a few days, comeback on April 20 for the interview and go back.  

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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