Advanced Parole Due To Death of Mother

[tonit56 0]

Hi

I came to usa on k1 visa, got married and was here 7 weeks... applied for adjustment of status and also advanced parole as my mother was ill in hospital. two weeks later my mother was given days to live... it was a sat... i had not received any notification on advanced parole... but could not wait.. could not get to speak to any one.. so left usa to return to uk... was here for just over 48 hours and my mother died... ... so i could not have waited any longer for the advanced parole ok. i would not have be able to say goodbye..any way i have since received confirmation of receipt of i485 sent the usa embassy in the uk an email to say please could i return and they have said no.. i need to start again with a spouse visa this time... is there any thing i can do to appeal. against this decision.... i am devastated... not only have i lost my dear mum... but now i have to wait prob a year before i can get back to states... but the adjustment of status is still going through at present... any ideas please or help..with this. would be appreciated..

[heo luoi 206]

Wow, sorry to read this, and your predicament. Glad you made it back in time though. Dont really have any exp w/ this but best of luck OP.

[tonit56 0]

Wow, sorry to read this, and your predicament. Glad you made it back in time though. Dont really have any exp w/ this but best of luck OP.

Thank you. im just so upset ... that im being treated like it was just a holiday ... .To have to start all over a gain seems very harsh of the usa government.

[heo luoi 206]

Was she ill before you left? Did they ask why you didnt delay coming on k1 visa until...later. Please dont think I'm being crass by asking. Maybe need to consult some attorneys for free consults. Canvass some and see what the overall consensus is.

[baron555 934]

Hi

I came to usa on k1 visa, got married and was here 7 weeks... applied for adjustment of status and also advanced parole as my mother was ill in hospital. two weeks later my mother was given days to live... it was a sat... i had not received any notification on advanced parole... but could not wait.. could not get to speak to any one.. so left usa to return to uk... was here for just over 48 hours and my mother died... ... so i could not have waited any longer for the advanced parole ok. i would not have be able to say goodbye..any way i have since received confirmation of receipt of i485 sent the usa embassy in the uk an email to say please could i return and they have said no.. i need to start again with a spouse visa this time... is there any thing i can do to appeal. against this decision.... i am devastated... not only have i lost my dear mum... but now i have to wait prob a year before i can get back to states... but the adjustment of status is still going through at present... any ideas please or help..with this. would be appreciated..

Sorry for your loss. Email the Embassy and see if they will reissue you a K-1. It's been done before.

[heo luoi 206]

Seems like issue was she already got married and they are being hardcore about AP, Reissuing k1 when married seems a lot more complicated

Edited November 2, 2015 by heo luoi

[aaron2020 11,651]

Sorry for your loss. Email the Embassy and see if they will reissue you a K-1. It's been done before.

Op is married. The K-1 can only be reissued if she was still single.

[aaron2020 11,651]

Sorry about your loss.

Unfortunately, your spouse will have to file an I-130 to start the spousal visa.

There is nothing to appeal. The law was applied correctly. You left without AP. The AOS is considered abandoned. It's still being processed because USCIS does not know you have left the US.

It would be best to stop the AOS and file the I-130.

[baron555 934]

Sorry about your loss.

Unfortunately, your spouse will have to file an I-130 to start the spousal visa.

There is nothing to appeal. The law was applied correctly. You left without AP. The AOS is considered abandoned. It's still being processed because USCIS does not know you have left the US.

It would be best to stop the AOS and file the I-130.

Yep, my bad. K-1 not an option.

Yes send notarized letter to USCIS to cancel the 485 and file for the CR-1.

It is what it is; USCIS didn't do anything wrong and you knew the outcome before you left without the AP.

[Elf 146]

- Moved from K-1 Fiancee Visa Process & Procedures to IR-1 / CR-1 Spouse Visa Process & Procedures -

- Discussion is about how to proceed after entering on K-1 and marrying then leaving the US before receiving AP -

* Organizer hat off *

I'm so very sorry that this happened to you. I can't imagine how you must be feeling right now. Can your husband come over to the UK at least for a week or two, to give you some emotional support?

[Jawaree 717]

Sorry for your loss....No false hope here just a suggestion

collect your communication proofs re> mom, doctors letter

proof her dying 48 hrs after getting there, have your

husband contact congress-person & an atty see if theres

any humanitarian hope there...If not I 130 will be the way.

Take the time to morn & clear stuff up there , stay busy & the

time will fly....best wishes

[Boiler 43,600]

You can visit on the VWP, immigration is the issue.

[3rd 84]

So sorry to hear this happened to you. Unfortunately you're left with the only option of filing an I-130 and waiting for your visa to come through. Leaving the US while under AOS but without AP means you can't get back into the country. It's a sad realisation, especially while going through a family tragedy. Did you consider making an Infopass appointment before you left? I know there are a few people that had managed to get Emergency Advance Parole the same day. Obviously this is a null and void point now, but useful for anyone else that finds themselves in the same position.

Hopefully your husband can visit you during the process. The only saving grace being that as soon as you're approved you'll land on US soil as a LPR, and not have to file for AOS (it's baked into the CR-1 visa).

I truly am sorry, I can't even begin to imagine how awful this must all be for you.

[tonit56 0]

Was she ill before you left? Did they ask why you didnt delay coming on k1 visa until...later. Please dont think I'm being crass by asking. Maybe need to consult some attorneys for free consults. Canvass some and see what the overall consensus is.

I havent even been able to speak to someone... just got an email saying i had abandoned my case and i need to apply all over again but as spouse.no she was not ill. or i would have delayed...

[Boiler 43,600]

I haven't even been able to speak to someone... just got an email saying i had abandoned my case and i need to apply all over again but as spouse.no she was not ill. or i would have delayed...

Not sure why that Poster asked, it is not relevant.