Parole expired while waiting for green card, now what?

[KevinA74 3]

My wife's parole recently expired. Meanwhile, we've been waiting 2 years for her I-485 status to be adjusted. She's currently living with me in the U.S. My question is, now what? Are we to remain in limbo while her status is being adjusted? Does she have to leave the country?

[OldUser 9,118]

12 minutes ago, KevinA74 said:

 Does she have to leave the country?

No. Quite the opposite. She cannot leave without advance parole.

13 minutes ago, KevinA74 said:

My wife's parole recently expired. Meanwhile, we've been waiting 2 years for her I-485 status to be adjusted. She's currently living with me in the U.S. My question is, now what? 

You can sue USCIS. There's lawyers specializing in Writ of Mandamus.

 

Are you a US citizen?

[K1visaHopeful 2,986]

1 hour ago, KevinA74 said:

My wife's parole recently expired. Meanwhile, we've been waiting 2 years for her I-485 status to be adjusted. She's currently living with me in the U.S. My question is, now what? Are we to remain in limbo while her status is being adjusted? Does she have to leave the country?

A K1 waiting to adjust status and who has had I131 Advanced Parole approved can renew I131 when it expires.

Since your timeline is completely blank and you've posted this in the K1 AOS forum, we can only assume you are a K1.

Filling out your timeline in reciprocity so we can answer you properly is required. 

Do that ASAP.

[Lemonslice 5,166]

1 hour ago, KevinA74 said:

My wife's parole recently expired. Meanwhile, we've been waiting 2 years for her I-485 status to be adjusted. She's currently living with me in the U.S. My question is, now what? Are we to remain in limbo while her status is being adjusted? Does she have to leave the country?

Humanitarian parole, or advance parole?

Edited April 2 by Lemonslice

[TBoneTX 47,044]

Involve the Immigration Liaison at your U.S. Congressman's office.  They have channels for reaching USCIS.  The Congressman's website should have a "release form" or similar, which you'd need to complete if the office is to inquire or intercede on your behalf.

[KevinA74 3]

On 4/1/2025 at 6:12 PM, OldUser said:

No. Quite the opposite. She cannot leave without advance parole.

You can sue USCIS. There's lawyers specializing in Writ of Mandamus.

 

Are you a US citizen?

 

Yes, I'm a U.S. citizen. We did receive one ROE, so technically, it's not late. It's just that she's without status until they move on the I-485.

[KevinA74 3]

On 4/1/2025 at 7:03 PM, K1visaHopeful said:

A K1 waiting to adjust status and who has had I131 Advanced Parole approved can renew I131 when it expires.

Since your timeline is completely blank and you've posted this in the K1 AOS forum, we can only assume you are a K1.

Filling out your timeline in reciprocity so we can answer you properly is required. 

Do that ASAP.

 

We're in sort of a grey area as near as I can tell. After we married, I started the CR-1 process but abandoned it after the humanitarian parole opened up during the Biden admin. That allowed her to come to the U.S. exceptionally fast. Once here, I started the I-485 process, which we are still waiting on. I was hoping the 485 would get approved before her parole ran out but that didn't happen (We did get one ROE, which undoubtedly delayed things). So, now we're in this period where she is without status while we wait on the green card.

[KevinA74 3]

On 4/1/2025 at 7:42 PM, Lemonslice said:

Humanitarian parole, or advance parole?

Humanitarian parole, I believe. We have an I-130 and I-131.

[Edward and Jaycel 1,513]

52 minutes ago, KevinA74 said:

It's just that she's without status until they move on the I-485.

 

This happens to pretty much all K-1 AOS applicants as well. When you have an I-485 pending, you are in a period of "Authorized Stay" while it is being adjudicated. As long as she entered legally (which your wife did under humanitarian parole), and she does not have any deportable offenses on her record, the concern level should be low.

Edited April 14 by Edward and Jaycel

[Edward and Jaycel 1,513]

46 minutes ago, KevinA74 said:

After we married, I started the CR-1 process but abandoned it after the humanitarian parole opened up during the Biden admin.

 

Question about this... did you officially withdraw the I-130 petition?

[Dashinka 25,515]

3 minutes ago, Edward and Jaycel said:

 

Question about this... did you officially withdraw the I-130 petition?

Still needed the I130 as it appears the spouse entered on HP, not a K1.  

 

To the OP, I assume you were married before she entered the US on her humanitarian parole?

[Edward and Jaycel 1,513]

1 minute ago, Dashinka said:

Still needed the I130 as it appears the spouse entered on HP, not a K1.  

 

To the OP, I assume you were married before she entered the US on her humanitarian parole?

 

Oh for some reason my brain thought that a new I-130 would be needed for the AOS but that makes sense that they would just use the one already filed. Thank you for clearing that up for me  

[K1visaHopeful 2,986]

2 hours ago, KevinA74 said:

 

We're in sort of a grey area as near as I can tell. After we married, I started the CR-1 process but abandoned it after the humanitarian parole opened up during the Biden admin. That allowed her to come to the U.S. exceptionally fast. Once here, I started the I-485 process, which we are still waiting on. I was hoping the 485 would get approved before her parole ran out but that didn't happen (We did get one ROE, which undoubtedly delayed things). So, now we're in this period where she is without status while we wait on the green card.

You've posted this in the K1 AOS forum AND your timeline is STILL blank.

I've moved it to the appropriate forum. 

I ask that you fill out your timeline immediately as you've already been asked, be wary of where you post, explain when you post so that K1 AOSers reading this in their forum aren't confused by what doesn't apply to them. 

 

[KevinA74 3]

2 hours ago, Dashinka said:

Still needed the I130 as it appears the spouse entered on HP, not a K1.  

 

To the OP, I assume you were married before she entered the US on her humanitarian parole?

 

Yes. I started the immigrant visa process after we were married. But the humanitarian parole presented itself and allowed her to come to the U.S. much faster. So, I gave up on the immigrant visa as it seemed pointless after that and went straight for the 485. That makes our case a bit atypical.

 

48 minutes ago, K1visaHopeful said:

You've posted this in the K1 AOS forum AND your timeline is STILL blank.

I've moved it to the appropriate forum. 

I ask that you fill out your timeline immediately as you've already been asked, be wary of where you post, explain when you post so that K1 AOSers reading this in their forum aren't confused by what doesn't apply to them. 

 

 

Sorry, will do as time permits.

Edited April 14 by KevinA74