Left without Advance Parole

[David Mpoyi 8]

Hello guys, 

I am wondering how I can proceed after wife left country without advance parole. It was an emergency since the grandmother is very sick and she is currently pregnant. Should I start thinking of applying for a spouse visa instead of wasting time?  We were already in the process of waiting for a green card. I do know that she won't be let back in the country as she has abandoned the case. Please help

[Rocio0010 5,562]

Yep. CR1 it is

[David Mpoyi 8]

Thank you so much. That is what I feared

[David Mpoyi 8]

Another question is that she already has a Social security number, won't that complicate things?

[Rocio0010 5,562]

1 minute ago, David Mpoyi said:

Another question is that she already has a Social security number, won't that complicate things?

No, why would it?

[David Mpoyi 8]

Thanks again. I am just at a loss of where to go next to this process. Could calling the USCIS and explain the reason why she left so abruptly help?

 

[Boiler 43,429]

5 minutes ago, David Mpoyi said:

Thanks again. I am just at a loss of where to go next to this process. Could calling the USCIS and explain the reason why she left so abruptly help?

 

No

[Boiler 43,429]

In most cases the child will be a USC and you will need to file a CRBA.

[mam521 1,723]

If your wife delivers in Canada and that child decides to have children, at least your child can pass his or her Canadian citizenship down.  

 

Sorry the situation sucks.  It's a shame you didn't attempt emergency AP prior to her departure.  

[SteveInBostonI130 3,319]

1 hour ago, David Mpoyi said:

Thanks again. I am just at a loss of where to go next to this process. Could calling the USCIS and explain the reason why she left so abruptly help?

 

 

This is not a grey area, and it is not based on intent.  She left the US while the AOS was processing without an approved AP.  Therefore, the AOS case is abandoned.  It does not matter why she left - the fact that she did lead to the abandonment.

 

File the I-130 as soon as you can to get the process rolling.  I would add a note in the additional information section that your wife was already approved on a K1 and include the receipt number.  We did.  My wife had to leave due to a family emergency, but we knew about this before even applying for AOS.  We submitted the I-130 and I added a note with the receipt number for the approved K1.  I cannot say that this specifically had any effect, but our petition was approved in 3 months.  My assumption is that USCIS already had a case file for us, had all the background checks for the K1 and was perhaps able to use this to speed up the I-130 processing.  Or we just got lucky.

 

Edited January 14, 2022 by SteveInBostonI130

[David Mpoyi 8]

thank you so much eveyone for your suggestions. I will get the ball rolling as soon as possible.

Edited January 14, 2022 by David Mpoyi

[powerpuff 5,890]

~ Moved from AOS K1/K3 Progress Reports to Working & Traveling during US immigration ~

[ltlbnna 58]

15 hours ago, SteveInBostonI130 said:

 

This is not a grey area, and it is not based on intent.  She left the US while the AOS was processing without an approved AP.  Therefore, the AOS case is abandoned.  It does not matter why she left - the fact that she did lead to the abandonment.

 

File the I-130 as soon as you can to get the process rolling.  I would add a note in the additional information section that your wife was already approved on a K1 and include the receipt number.  We did.  My wife had to leave due to a family emergency, but we knew about this before even applying for AOS.  We submitted the I-130 and I added a note with the receipt number for the approved K1.  I cannot say that this specifically had any effect, but our petition was approved in 3 months.  My assumption is that USCIS already had a case file for us, had all the background checks for the K1 and was perhaps able to use this to speed up the I-130 processing.  Or we just got lucky.

14 hours ago, David Mpoyi said:

thank you so much eveyone for your suggestions. I will get the ball rolling as soon as possible.

So i was curious… does she have an existing tourist visa or any other non immigrant visa? For example, i am on L1 currently and applying for aos and i can travel outside the country while still on L1. Sorry if i missed this portion out in any of the comments here. 

[Boiler 43,429]

Tourist Visa is irrelevant, entered in a K1.

[JKLSemicolon 327]

20 hours ago, David Mpoyi said:

Hello guys, 

I am wondering how I can proceed after wife left country without advance parole. It was an emergency since the grandmother is very sick and she is currently pregnant. Should I start thinking of applying for a spouse visa instead of wasting time?  We were already in the process of waiting for a green card. I do know that she won't be let back in the country as she has abandoned the case. Please help

Check my profile and timeline, we successfully completed the CR1 process last year after abandoning AOS from a K1.

 

I went ahead and sent a letter (to the address on the I-485 NOA) notifying USCIS that my wife had left the country (attaching documentation of this such as the I-94 travel history) and that we would instead be pursuing the I-130/CR1 route. My reasoning for doing this was to ensure that no one wasted any more time reviewing the AOS paperwork while I gathered additional evidence for the new petition.

 

Whether due to my reaching out or not, USCIS sent a letter addressed to my wife within two weeks notifying that the application was denied and citing the relevant statute.

 

I included both my letter and the USCIS reply as "unsolicited evidence" (i.e. evidence uploaded after the petition is submitted that USCIS may not necessarily review) when filing the I-130 online.

Edited January 15, 2022 by JKLSemicolon