Wife left US before getting advance parole (merged)

[ClickityClackity 133]

6 hours ago, geowrian said:

Her AOS is automatically abandoned as she departed the US without AP. It may take some time for USCIS to notice, but - assuming they don't make a mistake - the result will be a denied I-485.

No harm in sending an I-864 withdrawal letter as well, and I would suggest still doing so if you don't want there to be any risk of being on the hook. It shouldn't be needed, but there's always that chance that somebody goofs.

 

That said, it sounds like her intention was pretty clear when she decided to leave the US without telling you. Homesickness or medical concern aside, that speaks volumes that it was done without clear notice.

Seems like OP dodge a bullet, specially in the affidavit of support area. 

[Amadia 711]

It's funny that you have posted so many times before surrounding the issues with your spouse. Her "sneaking" and booking a flight does not seem like it should be a surprise....are you honestly surprised??? 

[cmh 6]

Sent the I-864 withdrawal letter out. Thanks for the input everyone, wouldn’t have thought to do it without you. Big pats on backs.

 

Not at all surprised by her behavior, she’s done much worse things.

 

Regarding divorce, someone advised I look into whether the possibility that she remain out of the country for a long time may mean my marital assets may not suffer as much on divorce as it would in a no fault divorce. I guess this is where the attorneys come in.

Edited June 25, 2019 by cmh

[RamonGomez 259]

41 minutes ago, cmh said:

Sent the I-864 withdrawal letter out. Thanks for the input everyone, wouldn’t have thought to do it without you. Big pats on backs.

 

Not at all surprised by her behavior, she’s done much worse things.

 

Regarding divorce, someone advised I look into whether the possibility that she remain out of the country for a long time may mean my marital assets may not suffer as much on divorce as it would in a no fault divorce. I guess this is where the attorneys come in.

Given that you weren't married long enough to finish AOS, I don't think assets or alimony will be an issue. Not like she can come back to the US to use you lol.

[Going through 5,668]

1 hour ago, cmh said:

Regarding divorce, someone advised I look into whether the possibility that she remain out of the country for a long time may mean my marital assets may not suffer as much on divorce as it would in a no fault divorce. I guess this is where the attorneys come in.

I remember from your older threads that you are in NYC.

 

In NY some of it will depend on what assets you purchased together after marriage (regardless of who actually forked out the money for it).  Also taken into account will be the length of the marriage and how long you lived in a joint household before it broke down, the standard of living while married, and the property and income of each spouse, as well as the present and future earning capacity of your wife.

 

Presumably she has the ability to obtain employment in her home country, is still young  enough to eventually become self-supporting, and the marriage lasted roughly a year or so (going by the posting dates of your prior threads when you were filing the i-485...something for the divorce attorneys to figure out.

[Ryanmaria2018 185]

6 hours ago, Amadia said:

It's funny that you have posted so many times before surrounding the issues with your spouse. Her "sneaking" and booking a flight does not seem like it should be a surprise....are you honestly surprised??? 

How was she able to board  a international flight without a AP card? I was under the impression you couldn't leave the states until then, but you can travel within the US.

 

[arken 4,197]

2 minutes ago, Ryanmaria2018 said:

How was she able to board  a international flight without a AP card? I was under the impression you couldn't leave the states until then, but you can travel within the US.

 

AP is used to enter the US not to exit.

[Ontarkie 13,902]

~~One post removed for instructing how to commit fraud. Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. 2 others for quoting said post.~~

[Unidentified 2,930]

It seems like this relationship had other bigger issues but I really wish USCIS would inform people that if an emergency comes up where the beneficiary's family becomes suddenly ill, that they do have the option of applying for Emergency Advance Parole as soon as they have applied for a Green Card and received their case number. Seen to many instances of desperate people abandoning everything to go home to sick family members. I know that isn't really the case here but I am writing it in case someone in need reads this one day. 

[HRQX 4,145]

19 minutes ago, Ryanmaria2018 said:

How was she able to board  a international flight without a AP card? I was under the impression you couldn't leave the states until then, but you can travel within the US.

The US doesn't have immigration exit control. The US already gets advance passenger manifests, they know who is leaving.

Also, AP is about re-entry: https://www.americanimmigrationcouncil.org/research/use-parole-under-immigration-law

[defecamp 20]

On 6/24/2019 at 4:57 PM, cmh said:

I found out my wife snuck a flight back to her home country (well, I had my suspicions as I heard her booking an urgent flight). She‘d expressed concerns about her father’s health (reportedly had a stent put in recently) and homesickness. I-131 was sent out very recently but she left without having been approved for advance parole. She just had to wait several more months. I’m guessing her gc application is now definitely in the water? Anything that can be done to rectify it (would urgent family issues have any weight?) or would she have to start from scratch? Though she has said multiple times she doesn’t really care about a green card so not sure that would happen.

My wife had to leave US without advance parole 8/30/2018. In the meantime, we had to withdraw I-485 and move I-130 for consular processing. It look very long and she comes back to US this week.

 

Just in case, someone else has similar problem

 

Edited June 25, 2019 by defecamp

[Boiler 43,392]

6 minutes ago, defecamp said:

My wife had to leave US without advance parole 8/30/2018. In the meantime, we had to withdraw I-485 and move I-130 for consular processing. It look very long and she comes back to US this week.

 

Just in case, someone else has similar problem

 

I assume you did not wish to divorce your wife?

[defecamp 20]

Just now, Boiler said:

I assume you did not wish to divorce your wife?

I’ve answered on first question in case someone will be looking in the future since I had excatly the same situation and in the topic there is nothing about divorce 😉

[Boiler 43,392]

6 hours ago, cmh said:

Sent the I-864 withdrawal letter out. Thanks for the input everyone, wouldn’t have thought to do it without you. Big pats on backs.

 

Not at all surprised by her behavior, she’s done much worse things.

 

Regarding divorce, someone advised I look into whether the possibility that she remain out of the country for a long time may mean my marital assets may not suffer as much on divorce as it would in a no fault divorce. I guess this is where the attorneys come in.

 

2 hours ago, defecamp said:

I’ve answered on first question in case someone will be looking in the future since I had excatly the same situation and in the topic there is nothing about divorce 😉

See above.

[Dashinka 23,199]

13 hours ago, Unidentified said:

It seems like this relationship had other bigger issues but I really wish USCIS would inform people that if an emergency comes up where the beneficiary's family becomes suddenly ill, that they do have the option of applying for Emergency Advance Parole as soon as they have applied for a Green Card and received their case number. Seen to many instances of desperate people abandoning everything to go home to sick family members. I know that isn't really the case here but I am writing it in case someone in need reads this one day. 

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