Barred from re-entering by leaving without Advance Parole?

[rumbleiv123 0]

We filed for adjust status and petition for alien relative. Unfortunately, we did not file for advance parole and my spouse had to leave back to Canada due to an emergency. She was suppose to leave on 02-24-2020 but from what I know was able to stay while the adjust status was processing.  I understand that our adjust status application is abandoned due her leaving without advanced parole. However, is she barred from re-entering? and is our petition for her green card still ongoing?

Edited July 8, 2020 by rumbleiv123

[payxibka 10,044]

2 minutes ago, rumbleiv123 said:

We filed for adjust status and petition for alien relative. Unfortunately, we did not file for advance parole and my spouse had to leave back to Canada due to an emergency. She was suppose to leave on 02-24-2020 but from what I know was able to stay while the adjust status was processing.  I understand that our adjust status application is abandoned due her leaving without advanced parole. However, is she barred from re-entering? and is our petition for her green card still ongoing?

The i130 is still going. Once approved she can apply for a Visa to return 

 

The i485 to adjust status to resident (green card) is not.

[Pinkrlion 2,617]

How did she enter the US?  Did she leave before her I-94 expired for Tourist Visa?  Was she a K-1, and you were Adjusting?

Edited July 8, 2020 by Pinkrlion

[rumbleiv123 0]

43 minutes ago, Pinkrlion said:

How did she enter the US?  Did she leave before her I-94 expired for Tourist Visa?  Was she a K-1, and you were Adjusting?

Sorry for lack of clarification in the original post. Her I-94 expired for the tourist visa on 02-24-2020 and we had already sent in the application for adjusting by then. I am not sure what our options are here since she wants to come back in a few months when the emergency she left for has settled down. I was thinking we could file for a K-3 and get her back into the US or if she could just come on another B-2 visa if the time she spent after 02-24-2020 was allowed since adjust status was pending and therefore was "allowed".

[payxibka 10,044]

3 minutes ago, rumbleiv123 said:

Sorry for lack of clarification in the original post. Her I-94 expired for the tourist visa on 02-24-2020 and we had already sent in the application for adjusting by then. I am not sure what our options are here since she wants to come back in a few months when the emergency she left for has settled down. I was thinking we could file for a K-3 and get her back into the US or if she could just come on another B-2 visa if the time she spent after 02-24-2020 was allowed since adjust status was pending and therefore was "allowed".

K3s are essentially nonexistent.   She would apply for an IR-1/CR-1 visa

[geowrian 22,336]

She won't have a ban since she did not accrue unlawful presence. She did overstay, which is a negative on any future non-immigrant visa, as is likely that she was in the US for an extended period of time. She filed for AOS which is a strong negative for most non-immigrant visas.

She very likely won't be permitted back into the US until she gets a CR-1 visa (K-3 is obsolete).

Edited July 8, 2020 by geowrian

[Boiler 43,868]

She is not barred, just needs an Immigrant Visa.

[Pinkrlion 2,617]

You will have to start over with and complete the I-130 process.  

[NancyNguyen 1,657]

She came with a B2 then got married and AOS, so you don’t think about any non-immigrant visas again.

[retheem 558]

13 hours ago, rumbleiv123 said:

We filed for adjust status and petition for alien relative. Unfortunately, we did not file for advance parole and my spouse had to leave back to Canada due to an emergency. She was suppose to leave on 02-24-2020 but from what I know was able to stay while the adjust status was processing.  I understand that our adjust status application is abandoned due her leaving without advanced parole. However, is she barred from re-entering? and is our petition for her green card still ongoing?

she can apply for CR1/IR1. But forget about a non immigrant visa.

[Just Paul 4,591]

Emergency I-131 was available precovid.  

Now the only option is consular processing.

[SalishSea 16,987]

She can't re-enter with the intent to stay and adjust now.  That is visa fraud.  Consular processing is the only option at this point.

[flfreddy 92]

Yes to be in US permanently she needs a immigrant visa.  However if she is a Canadian, she can visit anytime I think.. but return within 90 day?   So practically she can visit you, but working legally and residing here, she needs the I-130 approved and GC

[rumbleiv123 0]

2 minutes ago, flfreddy said:

Yes to be in US permanently she needs a immigrant visa.  However if she is a Canadian, she can visit anytime I think.. but return within 90 day?   So practically she can visit you, but working legally and residing here, she needs the I-130 approved and GC

Yes this is what I'm confused about as well. Since we have an open application i130 and an abandoned adjust status application, from what I've gathered from the other posts she can't come on just "visiting" / B-2 Visitor Visa anymore because the applications show intent on wanting to live in the US. Though I am not sure.

[aaron2020 11,651]

3 minutes ago, rumbleiv123 said:

Yes this is what I'm confused about as well. Since we have an open application i130 and an abandoned adjust status application, from what I've gathered from the other posts she can't come on just "visiting" / B-2 Visitor Visa anymore because the applications show intent on wanting to live in the US. Though I am not sure.

At this point, it's clear that she has intent to immigrate to the US.  You provided the proof with the I-130 and abandoned I-485.  It wouldn't be hard to prove fraud if she tries to return to the US to file another I-485.  Consular processing for an immigration visa is the only choice at this point.