Re: Expired Advance Parole

[Goodfella1]

Hello. I have a tricky question that I hope somebody can answer for me.....

I am a US citizen but my wife is not. We were married in August 2002. In April 2003 we had to suspend her immigration paperwork (to become a US citizen) and we had to return to her native country (Brazil). She was only in America for a few months, she never received a green card and her application process really never got off the ground. Before we left America, I wrote a letter to INS and asked them to suspend her paperwork. I sent the letter by certified mail and still have the receipt. Her advanced parole was good for one year. We have now lived outside the USA for over a year. My question, will my wife have trouble re-entering the USA and will she have to wait a certain period of time before she can begin her US citizenship paperwork. I greatly appreciate any advice. Thanks.

[Goodfella1]

Hello. I have a tricky question that I hope somebody can answer for me.....

I am a US citizen but my wife is not. We were married in August 2002. In April 2003 we had to suspend her immigration paperwork (to become a US citizen) and we had to return to her native country (Brazil). She was only in America for a few months, she never received a green card and her application process really never got off the ground. Before we left America, I wrote a letter to INS and asked them to suspend her paperwork. I sent the letter by certified mail and still have the receipt. Her advanced parole was good for one year. We have now lived outside the USA for over a year. My question, will my wife have trouble re-entering the USA and will she have to wait a certain period of time before she can begin her US citizenship paperwork. I greatly appreciate any advice. Thanks.

This is how I see your situation: Your wife received Advance Parole on the basis of a pending apllication for adjustment of status to the one of Permanent Resident (Green card holder). Suspension of that process, nullyfied the AP, regardless of its expiration date.

On what kind of visa she entered the US last time?

Unless there is other way that I am unaware of, you need to re-apply for your wife to be admitted into the US. Look into the requirements for K3 and DCF.

One more thing. Your wife first has to be a Permanent Resident for 3 years to be eligible for the Citizenship (based on marriage to USC).

All the above is nothing more than my opinion. Good luck.

[Goodfella1]

Thanks for your reply Aneri. She initally came on a B2 visa.

[Goodfella1]

My wife initially came on a B2 visa.
But, I married her and then she applied for a green card. But, just three weeks after filing the I485 application, she had to suspend her green card process and return to Brazil. Will she have a problem re-entering on her B2 visa?
(because she cancelled her green card applicaition)

Yes, your wife will most likely have a problem re-entering the US on her B2 visa. That's a nonimmigrant tourist visa, and she has an immigrant intent. B2 is not the proper visa to use for that, as it wasn't the first time she entered the US had she known that she would marry you and stay.
This time, chances are very high that your wife will be denied entry into the US with B2 visa, and would have to return to Brazil. What she will answer when asked about the purpose of her trip to the US?!
Moreover, you want to do everything properly in order to avoid future complications and delays during her adjustment of status. Entering the US on B2 with a clear immigrant itent may be interpreted as visa fraud...