Wife left US before getting advance parole (merged)

[Unidentified 2,930]

26 minutes ago, Bill & Katya said:

Ummm, I think they do, a simple search of "Emergency AP I131" is all that is necessary. There is some level of responsibility on the individual though.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

Of course there is, but I wish they were a bit more proactive about it. Maybe send a note with the NOA1 syaing "hey, if something really bad happens these are the scenarios where you can ask for an emergency advance parole". Just like at least in Stockholm they're proactive at the K1 interview and tell you about your constitutional rights as an immigrant as well as VAWA. 

 

Not everyone knows the option exists and they are sure not going to know to search for "Emergency AP I131". Only reason I knew about the option was at the time we were filling out the regular AP I saw all those criteria for Emergency situations and as my dad had already been diagnosed at that point I was considering asking for it then. But at that time we thought he would at least have maybe 6 months to a year, we had no idea we were talking weeks. 

[Amadia 711]

15 hours ago, Ryanmaria2018 said:

How was she able to board  a international flight without a AP card?

This would not prevent her from leaving the US. AP is needed for entry at the US border.

[Ryanmaria2018 185]

7 hours ago, Amadia said:

This would not prevent her from leaving the US. AP is needed for entry at the US border.

Thanks for the clarification so if you leave then good luck getting back or you'll have to refile all over again is that correct?

[HRQX 4,145]

10 minutes ago, Ryanmaria2018 said:

if you leave then good luck getting back or you'll have to refile all over again is that correct?

The US citizen files an I-130 petition to start the IR-1/CR-1 route.

[junkmart 320]

16 minutes ago, Ryanmaria2018 said:

Thanks for the clarification so if you leave then good luck getting back or you'll have to refile all over again is that correct?

Bingo! With few exceptions, if you leave before GC or AP approval, you've abandoned both and get to start over.

Edited June 26, 2019 by junkmart

[cmh 6]

The i864 withdrawal letter was delivered 2 weeks ago to NBC, when can I expect a response? No updates on USCIS tracker yet. The withdrawal confirmation would be addressed to me, the sponsor, right?

[cmh 6]

The last question was redundant but was just checking to see if I’d actually receive anything or I’d have to call in / check. What exactly would my wife receive with respect to 1) her leaving the country before getting AP and 2) the manual withdrawal of the i864?

[Crazy Cat 39,206]

7 minutes ago, cmh said:

The last question was redundant but was just checking to see if I’d actually receive anything or I’d have to call in / check. What exactly would my wife receive with respect to 1) her leaving the country before getting AP and 2) the manual withdrawal of the i864?

She might receive a denial letter.  I think I recall that happening......

Edited July 12, 2019 by missileman

[cmh 6]

Hi, my wife who has a pending green card application left the US without advance parole so her gc application will likely fail. She now wants to reenter the US on her f1 student visa which she claims expires next year and is asking me to provide proof of accommodation, specifically a letter confirming that I’m her husband and that she’ll be staying with me at my address. Is her plan to reenter accurate?

[Crazy Cat 39,206]

What is her intent after entering the US?

[Nat&Amy 623]

18 minutes ago, cmh said:

Hi, my wife who has a pending green card application left the US without advance parole so her gc application will likely fail. She now wants to reenter the US on her f1 student visa which she claims expires next year and is asking me to provide proof of accommodation, specifically a letter confirming that I’m her husband and that she’ll be staying with me at my address. Is her plan to reenter accurate?

She cannot enter the country with an F1 Visa if her purpose is to immigrate. The fact she's married to a US citizen (you) will make that more than evident. What ties can she show to her country of origin at this point? Probably none, if she was in the process of adjusting status. Does she even intend to go back to her country? Again... Probably not. 

 

Using a temporary visa with intent to stay and adjust status is fraud. No one here will recommend that.

Edited July 29, 2019 by Nat&Amy

[aaron2020 11,651]

Entering on an F1 student visa requires her to have non-immigrant intent.  So, it's a no go.

 

You need to file an I-130 and wait for a spousal visa.  This will take 12-18 months.  

[SusieQQQ 11,584]

Does she not intend to live permanently with you, her husband, given that she is only coming back to study? CBP might find this suspicious. I’d say you have issues other than visa types to work on. Good luck.

 

edit: oh I just checked post history, I see you already withdrew i864. So what is her purpose in using you as an address to re-enter on a student visa?  Sounds even more suspicious now.  Tbh in your shoes, I’d just say no.

Edited July 29, 2019 by SusieQQQ

[Crazy Cat 39,206]

7 minutes ago, aaron2020 said:

Entering on an F1 student visa requires her to have non-immigrant intent.  So, it's a no go.

 

You need to file an I-130 and wait for a spousal visa.  This will take 12-18 months.  

Maybe she no longer has immigrant intent........maybe she wants to study in the US, then return to her country............😉

Edited July 29, 2019 by missileman

[arken 4,197]

Even putting aside already established immigrant intent, is her F1 visa still valid though? Even if she tries entering on her F1 visa with your non-useful letter, it’s considered invalid if she is not enrolled in the university and will likely get sent back from POE.

Edited July 29, 2019 by arken