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Left while AP was pending, approved 4 days later. Can be readmitted to US?

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  • Left while AP was pending, approved 4 days later. Can be readmitted to US?

    Hi all,

    My wife entered the US on a K-1 visa in August. We were married and applied for AOS/AP in November. There was a family emergency and she had to return to her country before her AP was approved. It was approved/issued 4 days after she left.

    Technically by leaving before the AP was granted she is not admissable and the application is considered abandoned. (Now I know...) But I was wondering if in practice they would/could let her in. Do they usually compare the date the AP was issued and the date of departure? Can she be admitted with deferred inspection? Do we have any other options besides starting the whole thing over again with her as a K-3?

    Thanks for your help,

    KC

  • #2
    Hi all,

    My wife entered the US on a K-1 visa in August. We were married and applied for AOS/AP in November. There was a family emergency and she had to return to her country before her AP was approved. It was approved/issued 4 days after she left.

    Technically by leaving before the AP was granted she is not admissable and the application is considered abandoned. (Now I know...) But I was wondering if in practice they would/could let her in. Do they usually compare the date the AP was issued and the date of departure? Can she be admitted with deferred inspection? Do we have any other options besides starting the whole thing over again with her as a K-3?

    Thanks for your help,

    KC

    Comment


    • #3
      You can certainly give it a try. If you go to the USCIS homepage and check out thr newsletter for this month you will see that in 2 cases (and those are the two that have been reported) the immigration offices went beyond the call of duty to help out people. I would give it a try. What's the worst that can happen? You have to start again right? but if you don't try, you will never know.

      Comment


      • #4
        The worse that can happen is that you get to the POE after an 8+ hour flight only to be denied entry and put back on plane for another 8+ hour flight. You are then notified that since you left the U.S. without parole your I-485 is considered abandonded. You then have to reapply for adjustment via consular processing. In the mean time your extended abscence causes you to lose your job and have all of your possesions sold off at auction unless your friends will take care of them for you.

        Other than that though, I guess you got nothing to lose.

        Comment


        • #5
          Was her AP approved before it was issued (most often one gets the approval and then the actual document is issued.) They could let her in - (They "can' do what they want.) Do you have the document or does she?

          You are an American right? So you probably won't lose your job, possessions, or life over this. Your possessions will probably not be sold off at the auction either. This is your country.

          If you go to the website, you will see that immigration people are not ogres. It will give you an idea of who to contact and what to do. If they can write in the newsletter that they pulled strings for some people - they can pull strings for you.

          Comment


          • #6
            There is that Dragonlady logic working overtime again. I think the issue is whether the person who is NOT a citizen can reenter the U.S.


            If you are not a U.S. citizen and you leave the U.S. without being granted parole while and I-485 is pending your petition will be considered abandonded and you will be denied reentry until your green card is processed via consular processing. You forfeit the right to reenter as a visitor as you have already demonstrated an intent to immigrate.

            Comment


            • #7
              Fogot to add:

              The fact that only 4 days elapsed between approval of the AP and departure may actually work against the non citizen. The border inspector may view such an act as a flagrant disregard for the law and punish accordingly.

              MY ADVICE:

              GET THE BEST *** STORY YOU CAN REGARDING THE "EMERGENCY DEPARTURE" PUT TOGETHER AND BE PREPARED FOR A LIFETIME PERFORMANCE AT THE PORT OF ENTRY.

              Comment


              • #8
                Hi,
                this is a true story. I know a girl that was in the same situation. She came to the US on the fiance visa. Got married. Submitted all the documents to USCIS, including petitions for advance parole, work authorization and I-485. After few months left the country(with all the documents pending), because she wanted to finish university at her home country. In the meantime, her travel document got approved. Her husband sent it to her abroad, and she is back in the US. With no problems. No questions from INS.
                Good luck.

                Comment


                • #9
                  There you go. Nothing to worry about at all! I have to stop paying attention to those silly regulations.

                  Comment

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