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Immigration Forum / USA Marriage Base / May 2006I Screwed Up Bigtime!! Need Help
Hello, We just applied for AOS for my wife and for some reason didnt think about applying for Advance Parole. We have our interveiw in 3 weeks for AOS. My wife just got on a plane to visit her friends in Canada and I just had a feeling that we missed something. Now I realize what we missed "ADVANCE PAROLE". So I guess my question is does anyone know if my wife will be able to come back to the US? If she is able to get back in are we definitely going to get denied since she did leave the country without Advance Parole? Does anyone know what are our options. Thanks again. I am stressed out as hell. Please help. > Hello, > [quoted text clipped - 7 lines] > leave the country without Advance Parole? Does anyone know what are > our options. Thanks again. I am stressed out as hell. Please help. What visa did she hold before she left for Canada? What citizenship(s) does she hold? > What visa did she hold before she left for Canada? > > What citizenship(s) does she hold? She first entered on a I-129F, then we filed for an I-130. We were married in England where she was born and holds a citizenship. > She first entered on a I-129F, then we filed for an I-130. We were > married in England where she was born and holds a citizenship. ummm...there is no I-129F visa. Do you mean a K-3? Then you filed an I-130? That doesn't make sense. The I-130 had to be filed before the I-129F. Anyway, basically, if she still has a K-3 visa in her passport, and she has been in the USA less than 2 years, she didn't need AP to travel. Is that the scenario? Rene > ummm...there is no I-129F visa. Do you mean a K-3? Then you filed > an I-130? That doesn't make sense. The I-130 had to be filed before [quoted text clipped - 6 lines] > Is that the scenario? > Rene Yeah, youre right we filed for the I-130 first and then she came in on the K3 which is the I-129F but she has been here a little longer than 2 years and we have already filed for AOS. Since we have filed for AOS and her K3 has expired I think we're screwed. Any advice? Thank you > Yeah, youre right we filed for the I-130 first and then she came in > on the K3 which is the I-129F but she has been here a little longer > than 2 years and we have already filed for AOS. Since we have filed > for AOS and her K3 has expired I think we're screwed. Any advice? > Thank you Technically, the K3 is not the I-129F....the I-129F in conjunction with filing the I-130 is what produces a K3. But anyway...filing AOS is OK, that doesn't affect her K3 validity. But the K3 is only good for 2 years worth of multiple entries to the USA. If her K3 is expired, then she will most likely have problems coming back in, yes. I don't know how lenient the POE officers are allowed to be. I suppose you can send her a copy of the appointment notice for the AOS interview, so she can show it to them, and hope for the best....but in reality, she has no valid visa for entering the USA right now. :( Rene > Hello, > [quoted text clipped - 7 lines] > leave the country without Advance Parole? Does anyone know what are > our options. Thanks again. I am stressed out as hell. Please help. What visa did she enter the USA on, and when? Rene >Hello, > [quoted text clipped - 7 lines] >without Advance Parole? Does anyone know what are our options. Thanks >again. I am stressed out as hell. Please help. If she most recently entered on a K1, contact an IMMIGRATION lawyer ASAP. MH > Hello, > [quoted text clipped - 7 lines] > leave the country without Advance Parole? Does anyone know what are > our options. Thanks again. I am stressed out as hell. Please help. Hi: I have read this string and you are right to say "oops." All may not be lost yet. The PFI people MAY [not the 'may'] parole her in for deferred inspection -- and then you will have to file a NEW, I-485. I've seen it happen when I've had clients see me after the fact.  SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization Just wandering if there is any update on this case ...... > Just wandering if there is any update on this case ...... Good news, My wife was able to cross back into the United States and I found a rule that will allow her to still get approved at our interview even though she left the United States without Advance Parole. When the immigration officer asked her about why she had left the US without advance parole all she did was pull out a copy of the rule that states that even though she filed for AOS that she can still return without abandoning her AOS application. He checked his information and wished her good luck on her interview. This rule is called the Interim Rule. Just wanted to say thanks to everyone who helped. Hope this information helps someone out. > Good news, My wife was able to cross back into the United States > and I found a rule that will allow her to still get approved at [quoted text clipped - 11 lines] > Just wanted to say thanks to everyone who helped. Hope this > information helps someone out. I did a search on "Interim Rule" http://www.google.com/search?hl=en&ie=ISO-8859- 1&q=%22interim+rule%22 and didn't look to me like any of these links were immigration related. Do you have a link to the page she printed and showed the officer? Thanks, Rene > I did a search on "Interim Rule" http://www.google.com/search?hl=en&ie=ISO-8859- > 1&q=%22interim+rule%22 and didn't look to me like any of these links [quoted text clipped - 3 lines] > Thanks, > Rene The problem is that "interim rule" actually appears a-plenty in immigration related documents - one for health care workers, one that deals with I-9... it's like saying the loophole is called "admission rules", ya know? Hopefully samir can come back and give us specific details. SignatureNow married and living in MN... waiting for AOS. > The problem is that "interim rule" actually appears a-plenty in > immigration related documents - one for health care workers, one that > deals with I-9... it's like saying the loophole is called "admission > rules", ya know? > > Hopefully samir can come back and give us specific details. Yes, I'm curious to see where it's written that a person whose K-3 visa has already expired, but is still pending adjustment, is OK to travel without AP. Hopefully Samir will post it. Rene Must be nice that some people can leave an come back in when some have been here for years without leaving in fear that they will be denied....i too would like to see the rule so i could possible go home to see my family an have the know that i can come back without any problems....i was advised even with applying for the ap there is no guarantee that they will allow u back in the country > Must be nice that some people can leave an come back in when some have > been here for years without leaving in fear that they will be > denied....i too would like to see the rule so i could possible go home > to see my family an have the know that i can come back without any > problems....i was advised even with applying for the ap there is no > guarantee that they will allow u back in the country If you have overstayed you should not leave the US until you get your GC, with or without AP. Otherwise, if everything is in order and there's no reason why you should be inadmissible, IMHO there is no need to confine yourself to the US for fear that you would not be let back in. Get your AP and live your life, I say. > Must be nice that some people can leave an come back in when some have > been here for years without leaving in fear that they will be > denied....i too would like to see the rule so i could possible go home > to see my family an have the know that i can come back without any > problems....i was advised even with applying for the ap there is no > guarantee that they will allow u back in the country Why can't you go home? > Why can't you go home? Hi janadeen, Here's a link to Kat's post about traveling: http://britishexpats.com/forum/showthread.php?t=371820&highlight=Kat She's awaiting security checks after her AOS interview, and doesn't currently have AP. Kat, unless you have overstayed at some point, you can still apply for AP and travel with it. It takes about 2 or 3 months to get. Best Wishes, Rene > Hi janadeen, > [quoted text clipped - 9 lines] > Best Wishes, > Rene Thanks - no worries. Seems this person needs to do more homework. Yeah well I overstayed so I am stuck in limbo till i get my background checks back which hopefully will be sooner then later but dealing with USCIS is such fun...NOT...lol...i have waited 10 1/2yrs to see my family an friends whats a little bit longer. In the meantime i just get frustrated an upset but not to worry > Yeah well I overstayed so I am stuck in limbo till i get my background > checks back which hopefully will be sooner then later but dealing with > USCIS is such fun...NOT...lol...i have waited 10 1/2yrs to see my > family an friends whats a little bit longer. In the meantime i just > get frustrated an upset but not to worry I hear you Kat! There's almost nothing more mind numbing than dealing with the USCIS. I'd almost rather perform stomach surgery on myself (-: I was just curious from your earlier post why you couldn't go home. The way you wrote it - or I read it - was as if the USCIS was preventing you from / or was the cause of, your not being able to go home to visit your family. thanks...part of it is my fault an the other is a controlling exhusband that refused to let me get my gc in fear i would go home an never come back...well now he has to deal with me being able to move on an have a way better life :) WITHOUT HIM....except we do have a child together so we will always have some kind of contact with each other...i will eventually go home but will not leave till i get the ok i play all my safe bets so my new husband an kids will always have me around :) > I did a search on "Interim Rule" http://www.google.com/search?hl=en&ie=ISO-8859- > 1&q=%22interim+rule%22 and didn't look to me like any of these links [quoted text clipped - 3 lines] > Thanks, > Rene Hi: "Interim Rule" is an exception to the normal "rule making" process in issuance of regulations. The standard procedure is to issue a "proposed rule" and invite comments. At some thereafter, a "Final Rule" is issued. However, sometimes there is a perceived need for immediate issue of a rule which will have legal effect. In such case, an "Interim Rule" is issued -- it is like a final rule in that it has the effect of law, but it is like a proposed rule in that it invites comments. For example, an interim rule was issued on May 12, 2006 regarding the eligibiltiy of "arriving aliens" in "removal proceedings" to apply for adjustment of status. The issue had been subject of opinions from six different Circuit Courts of appeal since January 2005 and the case law was all over the place and one of those cases was on a certiorari petition to the Supremes. [BTW, the "Bona" case in the 9th Circuit was mine]. Six different circuits with three different posititons. To clean up all the uncertainty, Michael and Alberto jointly issued regulations to resolve the dispute. The regulations are "Interim" and comments have been invited. I plan to make a comment on two issues. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hi: > [quoted text clipped - 19 lines] > > I plan to make a comment on two issues. Thanks Mr.F. Very interesting. :) Rene > Good news, My wife was able to cross back into the United States > and I found a rule that will allow her to still get approved at [quoted text clipped - 11 lines] > Just wanted to say thanks to everyone who helped. Hope this > information helps someone out. Hi: Lets see what happens at the interview. You may want to have a lawyer go in with you. Your situation makes me nervous and you are not my client. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization |
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