Submitting I-485

[farazs1]

So finally submitting I-485 for my wife.
I have prepared following documents:
form i131 for advance parole
letter saying why advance parole is needed
birth certificate
nonimmigrant visa
photos
form g325-a for her and for me
form i864
form i134
employment letter
approval of i129
marriage certificate
tax returns of 2013-2011
money order for $1070

I don't get why file two affidavit of support forms but I did it anyway because it said so under instructions.
anyways, is there anything I am missing?

also do you know if foreign travel is prohibited when advance parole has not been granted but it is a must for her to go due to family emergency?

[rayb]

1. Do not send the I-134 with this package. That form is used for nonimmigrant visas.
2. Add form I-765
3. Add 2 passport-style photos of your wife for each form: I-485, I-765, I-131
4. If your wife leaves the country without an Advance Parole while her Adjustment of Status is in process, she will have abandoned the Adustment procedure and won't get back in until you process her for a spousal visa.

--Ray B

So finally submitting I-485 for my wife.
I have prepared following documents:
form i131 for advance parole
letter saying why advance parole is needed
birth certificate
nonimmigrant visa
photos
form g325-a for her and for me
form i864
form i134
employment letter
approval of i129
marriage certificate
tax returns of 2013-2011
money order for $1070

I don't get why file two affidavit of support forms but I did it anyway because it said so under instructions.
anyways, is there anything I am missing?

also do you know if foreign travel is prohibited when advance parole has not been granted but it is a must for her to go due to family emergency?

[farazs1]

thanks Ray. appreciated help

[farazs1]

I just spoke with USCIS and they told me that she can leave and I can send her advance parole document via mail so she can re-enter the country.
This contrary information makes me nervous.

[inadmissible]

Unless she is within the authorized stay period, admitted under a dual-intent visa (eg L, H, TN, K-3), she needs her advance parole to be approved prior to leaving the country, to avoid the deemed abandonment of her adjustment application.

She needs her advance parole document to return to the country, if she does not have a valid dual-intent visa.

So the advice you have gotten may be both correct, although slightly different.

[farazs1]

What do you mean by authorized stay period? She entered USA on fiance visa. We got married and applied for AoS, along with AP. Got her biometrics done and now waiting on AP. Website says within 90 days, AP is approved and it has been about 60 days, almost 20-25 days since biometrics got done.
If she gets her advance parole approved after she leaves and I mail her that document for her to come back, it should be fine, right?
thank you

[rayb]

The applicant would be on safer ground if she did not leave the U.S. until she has her Advance Parole.

Please read the I-131 instructions regarding Advance Parole. An Adjustment will be deemed abandoned if the applicant leaves the U.S. without first receiving her Advance Parole.

The advice you received from USCIS was not the official instruction, but merely the personal opinion of the USCIS person with whom you spoke.

--Ray B

What do you mean by authorized stay period? She entered USA on fiance visa. We got married and applied for AoS, along with AP. Got her biometrics done and now waiting on AP. Website says within 90 days, AP is approved and it has been about 60 days, almost 20-25 days since biometrics got done.
If she gets her advance parole approved after she leaves and I mail her that document for her to come back, it should be fine, right?
thank you

[inadmissible]

The USCIS Adjudicators Field Manual discusses the exact fact pattern you describe in chapter 23.2

The strict answer to your question is no, she would not be fine, that is her application for adjustment of status would be deemed abandoned by departing from the United States without approval of advance parole.

My experience with USCIS is that their officers let small technicalities slide when family unity is at stake.

Even if you get a stickler for the rules, what is the worst thing that can happen? CBP will admit her into the country when presented with a facially valid advance parole document, and if her adjustment application is denied due to abandonment, she can then still apply again. $1,070 is a reasonable price to pay to deal with a family emergency. Okay, maybe her second adjustment will be denied as well under the 90 day period described in the I-485 instructions (which has no basis in statute INA245(d) or AFM), and the worst, WORST case is that you have to file I-130 then apply for adjustment again. Okay, the worst WORST *WORST* case situation is that she is denied admission with her AP document (I can't imagine why, CBP is not equipped to make the judgement about her AoS abandonment), and you have to file I-130 and wait on the consular processing route.

[farazs1]

safest bet is her not leaving without AP and I should contact USCIS about it or maybe file an emergency one.
thanks guys