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trliber

Can Fiance (Husband) Return to Home Country During Adjustment of Status?

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Filed: K-1 Visa Country: South Korea
Timeline

My fiance has contracted a chronic medical condition requiring medication and he wishes to avail himself of his home country’s free healthcare to get the medicine while waiting for a work permit and/or green card.

 

Can he use advanced parole or travel document done under humanitarian reasons with a doctor’s note to go back to his home country for a short period without jeopardizing his green card application?

Edited by trliber
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Filed: F-2A Visa Country: Nepal
Timeline

If he has advance parole, he can travel.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Citizen (apr) Country: Taiwan
Timeline
23 minutes ago, trliber said:

My fiance has contracted a chronic medical condition requiring medication and he wishes to avail himself of his home country’s free healthcare to get the medicine while waiting for a work permit and/or green card.

 

Can he use advanced parole or travel document done under humanitarian reasons with a doctor’s note to go back to his home country for a short period without jeopardizing his green card application?

He can apply for emergency travel authority.  

 

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

"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.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

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.. 
 

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Filed: Citizen (apr) Country: Russia
Timeline
2 hours ago, trliber said:

My fiance has contracted a chronic medical condition requiring medication and he wishes to avail himself of his home country’s free healthcare to get the medicine while waiting for a work permit and/or green card.

I see this mentioned most with Canadians (and Canada may be unusual on this), but he should double check to make sure that actually works before trying it.

In at least some countries, if you become a resident of another country, you're no longer eligible for their state-subsidized health care.

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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Filed: K-1 Visa Country: South Korea
Timeline
7 hours ago, DaveAndAnastasia said:

I see this mentioned most with Canadians (and Canada may be unusual on this), but he should double check to make sure that actually works before trying it.

In at least some countries, if you become a resident of another country, you're no longer eligible for their state-subsidized health care.

Wow good point. Thank you for this information. Need my fiance to be sure Korea will not bar him (I think he only forfeits national healthcare if he becomes a citizen of another country since ethnic Koreans born in Korea cannot be dual citizens).

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Filed: K-1 Visa Country: South Korea
Timeline
10 hours ago, arken said:

If he has advance parole, he can travel.

Yes thank you. Im looking more into this recently. Does anyone here have direct experience with using Advance Parole to leave the US during Adjustment of Status to green card?

 

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. We do not want to risk this under any circumstances. 

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Filed: Citizen (apr) Country: Taiwan
Timeline
15 minutes ago, trliber said:

Yes thank you. Im looking more into this recently. Does anyone here have direct experience with using Advance Parole to leave the US during Adjustment of Status to green card?

 

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. We do not want to risk this under any circumstances. 

Have you thought about applying for USCIS approved emergency travel?

 

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

Edited by Lucky Cat

"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.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

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.. 
 

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Filed: K-1 Visa Country: South Korea
Timeline
Just now, Lucky Cat said:

Have you thought about applying for USCIS approved emergency travel?

 

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

Yes, that’s also an option I saw but wasn’t sure if it would still be considered “abandoning” the adjustment of status. I want to talk to an immigration lawyer about all of this I think because this is literally a life or death situation!

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Filed: Citizen (apr) Country: Taiwan
Timeline
2 minutes ago, trliber said:

Yes, that’s also an option I saw but wasn’t sure if it would still be considered “abandoning” the adjustment of status. I want to talk to an immigration lawyer about all of this I think because this is literally a life or death situation!

It will not be abandonment if one has approved emergency AP. 

"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.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

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.. 
 

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Working and Traveling, from K1 P&P - as the op is now married and asking about traveling with AP~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: K-1 Visa Country: South Korea
Timeline
5 minutes ago, Lucky Cat said:

It will not be abandonment if one has approved emergency AP. 

Oh wow that would be amazing if true. I’ll definitely try to consult with an attorney on this (also need to get more info on the recent vacating of “public charge” since we will possibly also need financial aid to pay for his medication.)

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3 hours ago, trliber said:

Yes thank you. Im looking more into this recently. Does anyone here have direct experience with using Advance Parole to leave the US during Adjustment of Status to green card?

 

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. We do not want to risk this under any circumstances. 

I don’t think traveling for routine healthcare in order to save money constitutes a “medical emergency.”

 

Hopefully if he has a chronic condition you already have plans in place for health insurance.

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2 hours ago, trliber said:

Oh wow that would be amazing if true. I’ll definitely try to consult with an attorney on this (also need to get more info on the recent vacating of “public charge” since we will possibly also need financial aid to pay for his medication.)

Vacating of public charge?   The Public Charge inadmissibility did not go away, nor did the rules about immigrant use of public welfare.   Hence the reason that the I-864 still exists.

 

I am not sure what “financial aid” will be available to pay for medication, unless you mean charity care from a hospital, or some program directly through the pharmaceutical co.

 

Healthcare in the US is very expensive.

Edited by Jorgedig
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5 hours ago, trliber said:

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. We do not want to risk this under any circumstances. 

It doesn't say that it will happen; it says "may." I.e. he should NOT:

  • leave before Form I-131 is approved; or
  • miss a biometric appointment, I-485 appointment, etc.; or
  • fail to respond to a RFIE, NOID, etc.
5 hours ago, trliber said:

Oh wow that would be amazing if true. I’ll definitely try to consult with an attorney on this

The actual law is clear. See 8 CFR § 245.2(a)(4)(ii)(B): "The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act."

 

Although only US nationals and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed entry to the US, Advance Parole travel is still very low risk. Prior to my recent Advance Parole entry my other entry was an "illegal entry." Despite that I was still allowed in with my approved Advance Parole:

 

Edited by HRQX
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Filed: Citizen (apr) Country: Myanmar
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12 hours ago, trliber said:

Yes thank you. Im looking more into this recently. Does anyone here have direct experience with using Advance Parole to leave the US during Adjustment of Status to green card?

My wife used her AP document three times during the AOS period and had no difficulty returning to the USA  other than long waits in secondary in San Francisco (3 hours) and Los Angeles (30 minutes).  At Abu Dhabi she had no secondary.  So if using AP, always enter the USA in Abu Dhabi, Canada, Ireland, or the preclearance stations in the Caribbean if you don’t like long secondaries.  
 

I dare say AP has been used millions of times for aliens with pending AOS.  I’ve yet to find a single case of marriages based AP holders being denied entrance into the USA.  I’ve read of several  ugly encounters with CBP in secondary.  It is anecdotal but in both my wife’s secondaries she was treated with kindness.  
 

Quote

 

There’s a huge paragraph on the USCIS webpage for Advanced Parole that reads “Caution” and warns even if one uses Advance Parole it results in USCIS considering the Adjustment of Status abandoned/cancelled. 

Please provide a link to that because that is wrong.  
 

22 hours ago, trliber said:

Can he use advanced parole or travel document done under humanitarian reasons with a doctor’s note to go back to his home country for a short period without jeopardizing his green card application?

Once he has AP he doesn’t need a doctor’s note to use it.  If doesn’t have AP a doctor’s note might be helpful to expedite the AP case that I presume you already filed.  

Edited by Mike E
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